INQUIRY AND REPORT ON RECOGNITION ISSUE (Hansard, 30 July 1975)

§ Mr. Booth
I beg to move Amendment No. 17, in page 9, line 41, leave out 'employees' and insert' workers'.
1969 This is one of a series of amendments which make it possible for an ACAS recommendation for recognition to apply to workers and not only to employees. The definitions of "worker" and "employee" are to be found in Section 30(1) of the Trade Union and Labour Relations Act. The "worker" definition is the wider one, as it covers certain people who work otherwise than under a contract of employment. I hope, therefore, that this amendment and those connected with it will commend themselves to the House.

§ Mr. Hayhoe
As the definition of "worker" includes people who have a contract of service as opposed to a contract of employment and also others, why is the amendment thought to be necessary? Why should the recognition procedures be operative for them? It is difficult to see how people under commercial contracts who are offering a service will be affected.

§ Mr. Booth
I recognise the importance of the question. My explanation was not adequate to cover the whole series of amendments which hang on this one. The reason is that there are those who contract to do work or to perform services for another party. In some instances where such people work in groups it is common for collective bargaining to take place in respect of the terms of their contracts. Examples are musicians in orchestras, some actors in West End theatres and freelance writers working for the BBC and ITA. If collective bargaining is refused by an "employer" failing to recognise a trade union representing such workers, it seems reasonable to allow an independent trade union to be able to use the recognition provisions of the Bill on its behalf.

§ Mr. Booth
I beg to move Amendment No. 18, in page 10, line 9 leave out subsection (8).
The effect of the amendment concerns a recommendation by the ACAS for recognition. The change is necessitated mainly by Amendment No. 17 and the amendments consequential upon it. It makes recognition provision available for workers as well as for employees. Recommendations in respect of workers 1970 have to become operative in the same way as other recommendations and, therefore, it is necessary to delete the subsection and carry through the consequential amendments with it. That is true of Amendments Nos. 18, 132 and 185.