Employment Relations Act 1999

Employment Relations Act 1999
Sodacan · CC BY-SA 3.0 · source
Title	Employment Relations Act 1999
Enactment date	1999
Jurisdiction	United Kingdom
Status	Current

Employment Relations Act 1999 The Employment Relations Act 1999 is an Act of the Parliament of the United Kingdom that reformed aspects of UK employment law, affecting rights for workers and the regulation of trade union activity. The Act implemented recommendations from the Labour Party (UK) manifesto and enacted statutory changes following inquiries such as the TUC and advisory reports associated with the Department for Business, Innovation and Skills. It interacts with prior statutes including the Trade Union and Labour Relations (Consolidation) Act 1992 and subsequent frameworks like the Employment Act 2002 and the Employment Rights Act 1996.

Background and Legislative History

The statute emerged after the 1997 general election won by Tony Blair and the New Labour administration, which pledged to modernize industrial relations in the aftermath of controversies involving the Miners' Strike era and disputes in sectors represented by the Confederation of British Industry. Policy development drew on reports from the ACAS and consultations with the Trades Union Congress, the Chartered Institute of Personnel and Development, and legal advisers from chambers such as Middle Temple and Inner Temple. Drafting proceeded through committees of the House of Commons and the House of Lords, with debated clauses influenced by case law from the European Court of Justice and precedents like decisions involving Employment Appeal Tribunal appeals. The Act received Royal Assent following scrutiny by parliamentary select committees including the Business, Innovation and Skills Committee.

Key Provisions and Rights

Significant provisions established statutory recognition of certain workplace rights and procedures familiar from instruments like the Equal Pay Act 1970 and the Sex Discrimination Act 1975. The Act introduced statutory rights to time off for trade union duties and activities, extended protection for workers undertaking health and safety representation similar to protections promoted by the Health and Safety Executive, and created measures on information and consultation akin to frameworks in the European Works Council. It amended dismissal protection under the Employment Rights Act 1996 by clarifying unfair dismissal remedies and introduced rights related to collective redundancies which echo obligations found in the Transfer of Undertakings (Protection of Employment) Regulations 2006. The legislation further regulated recognition procedures and provided mechanisms for statutory ballots and notice requirements comparable to rules applied by the Information Commissioner's Office in other statutory processes.

Trade Unions and Collective Bargaining

The Act strengthened statutory provisions governing trade union activities including the rights of unions to seek recognition for collective bargaining, drawing on models from the Labour Relations (Public Service) Act 1971 and influences from international instruments such as standards set by the International Labour Organization. It established statutory procedures whereby unions could apply to the Certification Officer for recognition and set out criteria for appropriate bargaining units similar to frameworks used in disputes before the Central Arbitration Committee. Protections for union representatives were expanded to mirror entitlements enjoyed in sectors represented by unions like Unison, GMB, and the RMT. The Act also addressed lawful industrial action, strike ballots, and picketing rights with reference to jurisprudence from the House of Lords and cases heard in the European Court of Human Rights.

Dispute Resolution and Employment Tribunals

Provisions enhanced access to statutory dispute resolution akin to the remit of ACAS, promoting conciliation and arbitration prior to litigation in the Employment Tribunal. Changes affected tribunal jurisdiction, procedural rules echoing standards from the Civil Procedure Rules and precedents set by the Employment Appeal Tribunal. The Act formalized remedies available through tribunals, clarified time limits for bringing claims consistent with the Limitation Act 1980, and refined the enforcement powers of tribunals in line with orders previously made by the High Court of Justice. It also contained measures to protect witnesses and representatives in tribunal proceedings, drawing on protective principles developed in cases resolved by the Court of Appeal of England and Wales.

Impact and Compliance

The Act influenced employer practice across public bodies such as the National Health Service and private employers including major firms often represented by the Confederation of British Industry and Federation of Small Businesses. Compliance obligations prompted revisions to workplace policies by human resources professionals from organizations like the Chartered Institute of Personnel and Development and carried implications for industrial relations strategies used by unions including Unite the Union. Empirical evaluations by academic institutions such as London School of Economics and reports by think tanks like the Institute for Public Policy Research examined its effects on strike rates, recognition disputes, and tribunal caseloads. Enforcement involved the Certification Officer and was supported by guidance from bodies including ACAS.

Amendments and Subsequent Developments

Subsequent legislation and case law modified aspects of the Act, notably through the Employment Act 2002, reforms arising from the European Union directives implemented by the UK Government and judicial interpretation by courts such as the Supreme Court of the United Kingdom. Revisions addressed procedural elements, clarified rights to statutory recognition, and adapted rules on collective consultation to align with decisions in the European Court of Justice. Ongoing developments include periodic statutory amendments influenced by negotiations within parliamentary forums such as the Justice Committee and policy shifts following governments led by figures including Gordon Brown and David Cameron.

Category:United Kingdom labour law