HC Deb 17 April 1972 vol 835 cc34-5W
Mr. Skeet

asked the Secretary of State for Employment if he will list the statutory effects on a trade union or employers' association of not registering, or ceasing to be registered, under the Industrial Relations Act, 1971.

Mr. Dudley Smith

Trade unions which are not registered under the Industrial Relations Act suffer the following main disadvantages, as compared with registered unions:

  1. (1) they are liable to legal proceedings, if, in contemplation or furtherance of an industrial dispute, they induce or threaten to induce others to break a contract (section 96);
  2. (2) they have no right to apply to the National Industrial Relations Court (N.I.R.C.) for recognition as a sole bargaining agent (Sections 45 and 49);
  3. (3) they have no right to apply to the N.I.R.C. for a ballot to secure an agency shop agreement (Section 11);
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  4. (4) they have no right to join with an employer in making an application for an approved closed shop agreement (Section 17);
  5. (5) they have no right to receive from employers information relevant to negotiations (Section 56);
  6. (6) they are liable to unlimited awards of compensation where they are judged by the N.I.R.C. to have engaged in an unfair industrial practice (Section 119);
  7. (7) they cannot secure tax relief on income devoted to provident benefits; and
  8. (8) they cannot secure corporate status (Section 74).
Unregistered employers' associations are in a similar position to unregistered unions under Sections 74 and 96.

Individual members and officials of unions are also denied certain important safeguards if their orgainsations are unregistered:

  1. (1) their officials are not protected against personal liability in a com plaint of unfair industrial practice against the union, even if they were acting within the scope of the authority delegated to them (Section 101);
  2. (2) under Section 5 of the Act members or would-be members of a registered trade union enjoy a legal right vis-à-vis their employer, to belong to the union and participate in its activities. Under Section 106 of the Act any infringement of this right can be made the subject of a complaint to an industrial tribunal. No such right has been provided under the Act for members or would-be members of unregistered unions.