It is a principle of international law not only that workers should be free to join trade unions and take part in their activities, but also that trade union autonomy should be respected by the State. Trade unions in the United Kingdom in contrast are subject to detailed regulation by legislation, which undermines their right to promote political objects without restraint, decide their own procedures for the selecting and electing senior officials, and determine when disciplinary powers may be used against those who break the rules. This chapter considers these and other questions, as well as the controversial regulatory role of the Certification Officer.

There is a statutory right for employees not to be unfairly dismissed. The right usually requires a qualifying period of continuous employment, and claim has to be made to an employment tribunal within three months of the effective date of termination. The employee has to prove dismissal has occurred, though resignation in response to a fundamental breach of contract by the employer counts as constructive dismissal. The courts have interpreted the statutory test of fairness to require proof that the employer acted outside of the range of reasonable responses to the fault of the employee. Some reasons for dismissal are automatically unfair. The normal remedy for unfair dismissal in practice is not reinstatement but a modest award of compensation for which there is an upper limit.

This chapter deals with the risks faced by workers and trade unions when they engage in industrial action which falls beyond lawful boundaries. For the trade union, the risk is that the action will be restrained by an injunction, while it remains open to an employer to bring an action for damages, though this is rarely done. For the workers participating in the action, there is the risk of dismissal and other sanctions imposed by the employer. The chapter also considers the role of ACAS in dispute resolution, and assesses the extent to which British law is consistent with international legal obligations.

The relation of subordination that characterises the contract of employment is created by the implied terms of the contract of employment such as the duty of obedience. Recently the courts have confirmed that both parties are under a duty not to destroy mutual trust and confidence and to perform the contract in good faith. The employee owes a duty of loyalty and both parties have to respect confidentiality. The chapter also examines the legal effect of breach of health and safety standards, tax law, immigration law and competition law on the enforceability of the contract of employment.

The Equality Act provides protection against discrimination on the ground of various protected characteristics: sex, race, disability, age, religion and gender. It protects against direct discrimination where there is adverse treatment because of a protected characteristic, and also indirect discrimination where the same rule is applied to all groups but has an unjustified and disproportionate adverse effect on a group. Adverse treatment includes harassment and victimisation. There is in addition a duty of reasonable accommodation for disabled workers. The law also requires equal pay for women for similar work or work that has equal value to that performed by men.

The Human Rights Act requires courts to decide cases in conformity with the rights protected by the European Convention on Human Rights in so far as possible. Employees must bring a claim under UK employment law and then the rights, whether at common law or under statute, should conform to the Convention rights such as the right to respect for private life, freedom to manifest a religion, and freedom of expression.

Beginning with a discussion of the right to strike in international law, the chapter explains how most industrial action was regarded as a tortious wrong. Statute provides a limited immunity for trade unions and their officials for industrial action that is part of a trade dispute. In order to obtain that immunity in tort, trade unions must carry out a secret ballot of the members to demonstrate that there is majority support for a strike. Apart from the foregoing, this chapter also examines legal restrictions on secondary action and picketing, and concludes with a discussion of the limited impact of the Human Rights Act 1998 on the scope of the right to strike in British law.

Where the reason for dismissal concerns business reorganisation rather than individual fault, there is a statutory right for employees with a qualifying period of continuous service to claim redundancy payments based on the number of years of service. In some cases of economic dismissal, the reason for dismissal may not fall within the statutory concept of redundancy, but in such cases dismissal can be regarded as fair as dismissal for some other substantial reason. There is statutory protection for wages and some compensation for dismissal in the event of the employer’s insolvency. Dismissals in connection with the sale of the business or outsourcing to a different contractor are automatically unfair dismissals unless the transferor or transferee can demonstrate that the workers were dismissed for redundancy unconnected to the sale.

While employers seek numerical and functional flexibility from the workforce, the power of employers to rewrite the terms of the contract unilaterally and to offer only precarious work packages undermines job security and economic security. The law provides little protection for employees, though continuity of employment and a permanent job can sometimes be established through statutory measures. Legislation may grant employees a right to more predictable work.