Detriment and trade union membership (Clause 2 and Schedule 2)
Trade union members will now be protected against "being subjected to any detriment" to penalise them for trade union membership or activities, instead of protection against "action short of dismissal taken against him as an individual". The legislation now gives workers protection against an employer's deliberate failure to act, for example by withholding benefits which are available to non-unionists.
Detriment and collective bargaining (Clause 16)
The Government will have the power to make Regulations to protect workers against dismissal or detriment for refusing to enter into personal contracts and give up the benefits of collective bargaining. This is directed at the effect of the amendments introduced by the Conservatives after the Wilson and Palmer case in the Appeal Court, but the Government has decided not to repeal those amendments.
Detriment and recognition (Clause 7 and schedule 1 paragraphs 74-80)
Workers will be protected against dismissal or detriment for campaigning or voting for or against recognition under the new trade union recognition procedure. The legislation gives workers a right to make an emergency application for interim relief if dismissed on those grounds, adopting the same procedure as for dismissals on trade union grounds. Workers are also given protection against selection for redundancy on recognition grounds.
The protection is confined to cases where the worker did not act in breach of his contract of employment and did not act unreasonably.
Blacklists (Clause 3)
The Bill proposes the power to make Regulations to prohibit the compilation of lists of trade union members and activists for use by employers and employment agencies. This is intended to outlaw so-called "blacklists" of the type previously operated by the Economic League.
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