§ Mr. Harold Walkerasked the Secretary of State for Employment if he intends that the revised code of practice on the closed shop shall become operative in advance of the relevant sections of the Employment Act 1982.
§ Mr. GummerThe great majority of the closed shop provisions of the 1982 Employment Act are already in force. The draft revised code of practice on the closed shop issued for consultations on 8 December last year reflects these provisions and distinguishes between them and those due to take effect later on the balloting of existing closed shop arrangements.
It is of course in the interests of employers to ensure that ballots are carried out before the balloting requirement comes into force in 1984, because otherwise they will have no defence against complaints of unfair dismissal arising out of the operation of closed shop agreements. That is why it is essential for the revised code to contain guidance on the balloting requirement. Subject to Parliamentary approval, the revised code will be brought into force as soon as possible.
§ Mr. Harold Walkerasked the Secretary of State for Employment if he will publish the evidence he has that the closed shop is still causing substantial injustice to individuals.
§ Mr. GummerI am glad that the right hon. Member does now at least assent that the closed shop was causing substantial injustice to individuals. Evidence of such injustices continues to abound. In the last six months numerous examples have been brought to our attention of employees being forced to take part in industrial action against their will by the threat of expulsion from their union and thus the loss of their jobs in a closed shop.
Over 50 such instances were made known to the Department in relation to the so-called "day of action" last September, and others have occurred since in relation to disputes at British Telecom and the water industry. We are 53W also aware of a number of employees who defied union pressure to strike on the "day of action" and are now, as a result, facing disciplinary action which could lead to the loss of their jobs.
In addition, large numbers of British Rail employees who refused to strike in last year's disputes are now reported to want to leave their unions as a result of disciplinary action taken against them. But for the British Rail Board's guarantee that the employment of these employees is secure, resignation from their union would have been likely to lead to their dismissal under British Rail's closed shop agreement.
§ Mr. Harold Walkerasked the Secretary of State for Employment if he is satisfied that the Employment Act 1982 and the proposals contained in his Green paper, Cmnd. 8778, are compatible with the provisions of International Labour Organisation's conventions No. 87 and 98 relating to the rights of workers to organise.
§ Mr. GummerYes.