An independent review, commissioned by the government to look into the law governing industrial disputes, has been scaled back by the man leading it.
The government launched the review in April this year to assess whether legislation dealing with activities taking place during industrial disputes was fit for the 21st century.
Bruce Carr QC was commissioned to lead an assessment of the alleged use of what it described as “extreme tactics in industrial disputes” and the effectiveness of the legal framework designed to prevent inappropriate or intimidatory actions, and to make recommendations for change.
The review team subsequently extended a deadline for contributions to 11 July but less than a month later, on 5 August, Mr Carr issued a statement on the review website saying he had become “increasingly concerned” about the quantity and breadth of evidence the review had been able to obtain from employers and trade unions.
He added: “I am also concerned about the ability of the review to operate in a progressively politicised environment in the run-up to the general election and in circumstances in which the main parties will wish to legitimately set out their respective manifesto commitments and have already started to do so. Operating in such an environment is also likely to impact on the ability of the review to obtain evidence in addition to that which it has already received”.
“I have reached the conclusion that it will simply not be possible for the review to put together a substantial enough body of evidence from which to provide a sound basis for making recommendations for change. Any recommendations which might be put forward without the necessary factual underpinning would be capable of being construed as the review making a political rather than an evidence-based judgment”.
“I have agreed with the Secretary of State for Business, Innovation and Skills and the Minister for the Cabinet Office that the review will produce a scaled-down report, which reflects on the process of attempting to obtain evidence and which sets out the story as best we are able to tell it from the limited evidence which we have gathered, but will not make recommendations for change. I still intend to produce this report by the early autumn”.
TUC general secretary Frances O’Grady said that Mr Carr was “right to recognise this ‘politicisation’, so I am not surprised at his decision not to make any recommendations and to simply review the few submissions sent to him”.
She added: “The politicisation is not new, it was built in from the start…employer behaviour such as blacklisting was not even mentioned in the terms of reference for the review”.
At Palmers, we can provide expert advice to businesses and organisations facing industrial action, such as working to rule, and on the options available to help resolve the dispute as quickly and constructively as possible.
For tailored advice on the law surrounding industrial action, or any other employment law matter, please visit our website or contact Lara Murray.