ABSTRACT
This chapter analyses the extent of legal support for freedom of association and collective bargaining. The right of workers to join and participate in trade union affairs and a union's freedom to engage in collective bargaining are the cornerstones of the British industrial relations system. Individual rights were originally contained in the Employment Protection Act 1975 as part of the 'Social Contract' agreement between the Labour government and the Trades Union Congress (TUC). The Employment Act 2002 has introduced a right for an employee who is a 'union learning representative' to take reasonable paid time off to undertake relevant learning and training duties. Once the relevant employee has received permission from the employer for time off, Section 169 details the requirements on payment. Positive acts, such as demoting an employee, cutting his or her wages, transferring or actively harassing an employee clearly constitutes detrimental action taken by an employer for the purpose of the section.
