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Trade Union Reform and Employment Rights Act 1993

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Trade Union Reform and Employment Rights Act 1993
Short titleTrade Union Reform and Employment Rights Act 1993
ParliamentParliament of the United Kingdom
Long titleAn Act to make further provision with respect to Trade unions, their members and their property, to Employment Law and Industrial relations; and for connected purposes
Introduced byJohn Major, Norman Fowler, Michael Howard
Royal assent1993

Trade Union Reform and Employment Rights Act 1993 was a significant piece of legislation in the United Kingdom, introduced by the Conservative Party (UK) government, led by John Major, with the aim of reforming Trade unions and Employment law. The Act was influenced by the Thatcherism ideology of Margaret Thatcher, which emphasized Deregulation and Free market principles, as seen in the Employment Act 1980 and the Employment Act 1982, introduced by Norman Tebbit and Cecil Parkinson. The Act also drew on the experiences of other countries, such as the United States, where Labor law had been reformed under the National Labor Relations Act of 1935, and Australia, where the Industrial Relations Act 1988 had been introduced by the Hawke government.

Introduction

The Trade Union Reform and Employment Rights Act 1993 was a key component of the Conservative Party (UK)'s Industrial relations policy, which sought to balance the interests of Employers and Employees, as outlined in the European Social Charter and the Treaty of Rome. The Act was designed to promote Flexibility (industrial), Competitiveness, and Economic growth, as advocated by Milton Friedman and the Chicago school of economics. It also reflected the influence of international organizations, such as the Organisation for Economic Co-operation and Development (OECD) and the International Labour Organization (ILO), which had promoted Labor market reform and Social dialogue.

Background

The Trade Union Reform and Employment Rights Act 1993 was preceded by a series of Industrial actions, including the UK miners' strike (1984-1985) and the Wapping dispute, which highlighted the need for reform of Trade union law, as argued by Alan Walters and Patrick Minford. The Act built on earlier legislation, such as the Employment Act 1980 and the Employment Act 1982, which had introduced measures to restrict Trade union power and promote Employment flexibility, as seen in the United States under the Taft-Hartley Act of 1947. The Act also drew on the experiences of other countries, such as Canada, where the Canada Labour Code had been introduced, and New Zealand, where the Employment Contracts Act 1991 had been enacted.

Provisions

The Trade Union Reform and Employment Rights Act 1993 introduced a range of provisions, including the requirement for Trade unions to hold Secret ballots before taking Industrial action, as recommended by the Donovan Commission and the Royal Commission on Trade Unions and Employers' Associations. The Act also introduced measures to promote Employment flexibility, such as the creation of Fixed-term contracts and Part-time work arrangements, as seen in the United States under the Fair Labor Standards Act of 1938. Additionally, the Act established the Commission for Equality and Human Rights (CEHR) and the Gangmasters Licensing Authority (GLA), which were tasked with promoting Equality and regulating Employment agencys, as advocated by Harriet Harman and the Equal Opportunities Commission.

Impact

The Trade Union Reform and Employment Rights Act 1993 had a significant impact on Industrial relations in the United Kingdom, leading to a decline in Trade union membership and a reduction in Industrial action, as seen in the United States under the Labor Management Relations Act of 1947. The Act also contributed to an increase in Employment flexibility and Competitiveness, as argued by David Cameron and the Conservative Party (UK). However, the Act was also criticized for undermining Workers' rights and promoting Inequality, as argued by Tony Blair and the Labour Party (UK), and for failing to address the root causes of Industrial conflict, as highlighted by the TUC and the Institute of Employment Rights.

Reception and Criticism

The Trade Union Reform and Employment Rights Act 1993 was widely criticized by Trade unions and Labour Party (UK) politicians, who argued that it undermined Workers' rights and promoted Inequality, as seen in the United States under the National Right to Work Act. The Act was also criticized by Academics and Researchers, who argued that it failed to address the root causes of Industrial conflict and promoted a Neo-liberal agenda, as advocated by Milton Friedman and the Chicago school of economics. However, the Act was supported by Employers' organizations, such as the Confederation of British Industry (CBI) and the Institute of Directors (IoD), which argued that it promoted Flexibility (industrial) and Competitiveness, as seen in the United States under the Taft-Hartley Act of 1947. The Act also reflected the influence of international organizations, such as the World Trade Organization (WTO) and the European Union (EU), which had promoted Labor market reform and Social dialogue.

Category:United Kingdom labour law