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EUROPEAN
EMPLOYMENT
& INDUSTRIAL
RELATIONS
GLOSSARY:
INDUSTRIAL
RELATIONS
GLOSSARY
SERIES
12 Glossaries (one for each of the
member States of the European
Community) containing Industrial
Relations terminology.
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EUROPEAN EMPLOYMENT
AND
INDUSTRIAL RELATIONS GLOSSARY:
UNITED KINGDOM
EUROPEAN FOUNDATION
FOR THE IMPROVEMENT OF LIVING AND
WORKING CONDITIONS
EUROPEAN EMPLOYMENT
AND
INDUSTRIAL RELATIONS
GLOSSARY:
UNITED KINGDOM
BY
MICHAEL TERRY
AND
LINDA DICKENS
Published in 1991 by
Sweet and Maxwell Limited of
South Quay Plaza, 183 Marsh Wall, London E14
and
Office for Official Publications of the European Communities
2 rue Mercier, L-2985 Luxembourg
Typeset by Printset and Design Ltd., Dublin
Printed in Great Britain by
BPCC Hazell Books Ltd.,
Aylesbury, Bucks.
Member of BPCC Ltd.
British Cataloguing in Publication Data
A catalogue record for this book is
available from the British Library
TIZIANO TREU
Professor of Labour Law
Catholic University of Milan
Revising Editor for the English language volumes
MICHAEL TERRY
Senior Lecturer in Industrial Relations
University of Warwick
Project Manager
HUBERT KRIEGER
Research Manager
European Foundation for the Improvement of Living
and Working Conditions, Dublin
The present volume was prepared for the European Foundation for the
Improvement of Living and Working Conditions, Dublin
by
MICHAEL TERRY
Senior Lecturer in
Industrial Relations
University of Warwick
LINDA DICKENS
Reader in Industrial
Relations
University of Warwick
EWART KEEP
Research Fellow
Industrial Relations Research Unit
University of Warwick
ROY LEWIS
Professor
Department of Law
University of Southampton
Spain
Antonio Valverde,
University of Seville
vu
TABLE OF CONTENTS
Page
USER'S GUIDE
xi
LIST OF ABBREVIATIONS
xiii
FOREWORD
xv
SERIES PREFACE
xvii
xxi
INTRODUCTION
GLOSSARY
25
TABLES
231
BIBLIOGRAPHY
249
INDEX
253
IX
USER'S G U I D E
This Guide is designed to help readers use the Glossary by providing
an explanation of the contents and some of the conventions adopted.
This volume of the Glossary contains the following sections:
1. List of Abbreviations
This list comprises all the principal abbreviations used in the text,
including those that form an entry in the Glossary. The latter
abbreviations are cross-referenced in the text to the relevant definitions.
2. Foreword
Written by the Director and Deputy Director of the European
Foundation, the Foreword sets out the Foundation's aims in publishing
this series of Glossaries.
3. Preface
A Preface to the series has been prepared by Professor Tiziano Treu
in his capacity as Co-ordinating Editor. It serves as a background
introduction to the Glossaries, explaining the origination of the material
and the method of compilation and translation.
In addition, a Preface to this volume has been included by Michael
Terry, pointing out the particular features and approach of the United
Kingdom text.
4. Introduction
The introduction provides a commentary and analysis of national
characteristics, and highlights particular features giving an historical
perspective to the background information.
5. Glossary
All the main entries are numbered and appear in BOLD upper case.
Cross-references are indicated in the text by, e.g. "see", "see also",
etc. and also appear in bold upper and lower case. There are also
references to addresses of organisations and departments to be found
at the end of the Glossary text.
The running heads refer to the first and last main entry to appear
on each double page.
xi
6. List of Addresses
The addresses of selected organisations and departments are listed at
the end of the Glossary text, for easy reference.
7. Tables
A selection of tables is included showing employment trends and other
statistical factors.
8. Bibliography
A selective Bibliography of suggested further reading and source material
has been compiled by the editorial team for each volume.
9. Index
All Index entries refer to the numbers of the definitions in the Glossary
text.
xu
LIST OF ABBREVIATIONS
Advisory, Conciliation and Arbitration Service
Amalgamated Engineering Union
Approved Profit Sharing
Custom and Practice
Central Arbitration Committee
Confederation of British Industry
Certification Officer
Control of Substances Hazardous to Health Regulations
Community Programme
Commission for Racial Equality
Commissioner for the Rights of Trade Union Members
Department of Employment
Employment Act 1980
Employment Act 1982
Employment Act 1988
Employment Act 1989
Employment Act 1990
Employment Appeal Tribunal
Electrical, Electronic, Telecommunication and
Plumbing Union
Employee Involvement
El
Equal Opportunities Commission
EOC
Equal Opportunity Policy
EOP
Employment Protection Act 1975
EPA 1975
EPCA 1978 Employment Protection (Consolidation) Act 1978
Equal Pay Act 1970
EqPA 1970
Employee
Share Ownership Plan
ESOP
Employment
Training
ET
Fair Employment Commission (Northern Ireland only)
FEC
Full-Time Official
FTO
A union previously called the General, Municipal,
GMB
Boilermakers and Allied Trades Union, now called
GMB
Genuine Occupational Qualification
GOQ
Human Resource Management
HRM
Health and Safety Commission
HSC
Health and Safety Executive
HSE
HSWA 1974 Health and Safety at Work, etc. Act 1974
International Labour Organisation
ILO
Institute of Directors
IOD
Institute of Personnel Management
IPM
Industrial Relations
IR
Industrial Tribunal
IT
Joint Industrial Council
JIC
Job Training Scheme
JTS
ACAS
AEU
APS
C&P
CAC
CBI
CO
COSHH
CP
CRE
CROTUM
DE
EA 1980
EA 1982
EA 1988
EA 1989
EA 1990
EAT
EETPU
xui
LGA 1988
LIFO
LRA
MBA
MDW
MSC
xiv
FOREWORD
The Foundation believes that social dialogue at international level should
provide, for all those taking part in it, a better understanding of the
different contexts for example, legal frameworks and traditions
in which dialogue about employment and industrial relations takes place.
An essential prerequisite for such improved understanding is an
awareness of the precise meaning of the terms used to describe the
features of industrial relations systems in each Member State of the
Community. This series of glossaries sets out to provide clear
explanations of terms and the context in which they are used.
The Foundation hopes that the series will be of value to a wide
spectrum of users. Novices in the field of employment and industrial
relations will welcome a guide to the working of the system in their
own country, whilst experts will seek the distinguishing characteristics
of systems operating in Member States other than their own. By
providing both a national glossary for each Member State and also an
"international" edition, the Foundation believes it is providing an
important aid to international understanding in the complex field of
employment and industrial relations.
Clive Purkiss
Director
Eric Verborgh
Deputy Director
xv
and others) was that simple translations of terms were insufficient, since
they fail fully to communicate the substantive importance of the
institutions and processes described. The products are designed to be
of direct use both to the practitioner and to the academic student of
the subject, so the glossaries have to be both technically correct and
informed by relevant policy debate. The glossaries are intended to serve
the practical needs of a diverse readership, of varying levels of knowledge
and need, and to serve as an immediate reference or translation source
or a starting-point for in-depth research. The audience will be a broad
and diverse one; our researches have confirmed that the glossaries will
be of interest to national, European, and other international readers,
given the worldwide interest currently expressed in European industrial
relations.
Inevitably, we have had to be selective in our choice of terms. It was
not the intention to produce an encyclopedia, but rather an annotated
guide to key issues and concepts. In order to achieve this we sought
both a degree of commonality in the terms to be covered (in order to
ensure above all that the key concepts were dealt with in all the volumes)
and a degree of differentiation, reflecting the national idiosyncracies
that remain important aspects of the European scene. Our descriptions
have had to be less than encyclopedic; the entries do not provide all
the detail with regard to specific pieces of legislation, for example.
Readers who need further precision will be able to make use of the
reference works cited in the concluding bibliographies.
The glossaries all share the same format. An introductory essay covers
the key features of the national system: the political-economic
environment, the key actors, the role of law, and the current state of
labour relations. This is meant to help the average user of the glossary
(it is not particularly designed for a specialist audience) and it has been
written in such a way as to be understandable to an international
audience, and therefore to be as clear and "candid" as possible. The
main body of entries follows and the volumes conclude with sets of tables
showing trends in labour markets, collective bargaining coverage,
unionisation, and industrial conflict with a brief guide to further reading.
Those texts which have been translated into English also contain an
additional index.
In the original language, certain conventions have been adopted in
the translation Wherever possible we have used English translations
whose meaning is clear and which involve no specialised "jargon". But
there are two other cases. First, where no English term in common usage
exists and we have created our own translation. Here we have put the
English term into double inverted commas, to indicate that it is not
common English usage, but is simply an accurate translation. Second,
in a few cases we have been unable to find a translation of less than
a sentence for particular terms. Here we have left the term in the original
language, and readers in English will need to read the entry to discover
its meaning.
The process of writing and translating these glossaries has convinced
xvm
xix
XXlll
INTRODUCTION
1.
1.1 For much of the period since the end of the Second World War
the government approach to the management of the economy,
practised by both Conservative and Labour governments, has been
predominantly Keynesian and has included a bipartisan
commitment to full employment and to the expansion of the welfare
state. Such an approach had two fundamental implications for
industrial relations. First, it contributed directly to the dramatic
growth in the public sector of the economy, in terms both of its
share of the gross national product and of overall employment.
This has been of particular significance for industrial relations,
since the public sector has been used by successive governments
as a "model" of good industrial relations practice. This included
for many years a widespread commitment to trade union
recognition and to thoroughgoing negotiation and consultation.
One clear consequence has been the very high levels of union
membership in the public sector. Second, Keynesianism, in its
view of rapid increase in money wages as being the main cause
of inflation, focused special attention on the processes of wage
determination. It was within this framework that incomes policies
emerged during the 1960s and 1970s as the key economic remedy
for inflation; a remedy that was predicated on reaching agreement
with the social partners on wage moderation and, in so doing,
enhancing their social, industrial and political standing. The
combination of this approach and rising inflation meant that the
1960s and 1970s witnessed, in Britain as elsewhere, a growth in
tripartism, especially in the development of agencies concerned
with economic regulation. They were also decades that saw intense
government interest in seeking to regulate processes of wage
determination at sectoral and company levels. It was thus a period
of expansion in employment, in union membership, and, given
the broad policy commitment to collective bargaining and the
longstanding strength of the British labour movement, a period
when the coverage and importance of collective bargaining as the
major means of determining pay and other conditions of
employment were both extended.
1.2 Towards the end of the 1970s deepening economic crisis, and in
particular high levels of inflation, despite lengthy attempts at
incomes control, led governments, Labour and Conservative, to
replace incomes policies with efforts to reduce inflation through
restraint and control of the money supply and of the level of public
expenditure. One consequence was the gradual abandonment of
the longstanding state commitment to full employment and
unemployment started to rise sharply. The new economic
1
1.7
1.8
1.9
1.10
cent., 42.5 per cent, and 45.1 per cent.. Most projections indicate
that these trends will continue, although at a less dramatic pace.
The workforce in Britain is segregated by sex both horizontally
and vertically. Women form a majority of the workforce in such
sectors as health, education, hotel and catering, retail distribution
and footwear and clothing, but only a minority in industries such
as mining, chemicals and engineering. Women are also
concentrated at the bottom of job hierarchies, occupying only
around 19 per cent, of managerial-level posts.
Despite high levels of unemployment, shortages of certain skills
have persisted throughout the 1980s. Government policy appeared
to contribute to these shortages through its abolition of many
Industrial Training Boards, but on the other hand it has initiated
and expanded several major training initiatives for school-leavers
and, more recently, for the long-term unemployed. In 1986, for
example, around 230,000 young people were involved in some form
of government training scheme. Despite these initiatives skill
shortages persist; a CBI survey showed that in January 1988 20
per cent, of firms questioned thought that skill shortages would
have a significant constraining effect on output.
While much of this change in the labour market can be attributed
to the impact of the recession that affected all industrialised
countries in the late 1970s and early 1980s, in Britain the general
effects of recession were compounded by high interest rates and
the removal of many restrictions on the movement of goods and
capital. Britain's sluggish manufacturing industry was exposed
suddenly and dramatically to international competition, and many
companies were forced either to close or dramatically to restructure
their organisation to remain in business; in many cases this also
meant the loss of jobs. Alongside these economic changes must
be placed the political change of privatisation. In 1979 the publiclyowned sector of industry accounted for 11 per cent, of Gross
Domestic Product. By mid-1987 more than a third of that had
been transferred to the private sector, involving the transfer of
about 650,000 employees from public to private sector
employment. Privatisation has involved the selling-off of many of
Britain's key infrastructural industries to private owners; including
gas, telecommunications, airways and airports, and seaports, to
be followed by electricity supply and water.
Real earnings have increased steadily for most employees since
the war but the improvements slowed during the late 1970s and
early 1980s, periods of high inflation. The earnings of most
employees increased in real terms during the 1980s, at a rate for
the entire economy of anything from one to 4.5 per cent, per
annum. But this general increase concealed a number of variations.
First it would appear that, in general, private sector workers fared
better than those in the public sector. Secondly, the differentials
between white-collar and blue-collar workers, which had been
Men
Manual
Non-manual
Women
Manual
Non-manual
Public sector
( per week)
Private Sector
( per week)
226.0
325.9
240.0
366.9
150.0
231.0
147.4
204.6
2.
2.11 There has been some legal regulation of the labour market through
statutes concerning training provision although much of this is
now governed by what has been termed "leaflet law" where
departmental legislation is promulgated by means of leaflets
describing schemes (for example the Youth Training Scheme)
which do not require statutory instruments or the substance of
parliamentary scrutiny. The abolition of the Training Commission
will also remove scrutiny by the social partners. Other legal
regulations which affect the labour market, such as immigration
controls and work permit regulations, and social security
regulations, for example concerning unemployment benefit, are
not usually seen as coming within the ambit of industrial relations
or labour law in Britain although they may affect the availability
of people for work and the terms upon which work will be
accepted.
3.
3.1 The role of the state in British industrial relations has been quite
distinctive for over a century. As noted in the last section, British
governments have, until recently, abstained from much direct
intervention into industrial relations through the role of law.
Nevertheless, the state has had a profoundly important part to play
in stimulating the development of trade unionism and collective
bargaining. Since the closing years of the last century British
governments have been generally committed to the development
of collective bargaining as their preferred means of industrial
governance and, although they have not used the law, they have
used their significant role as employer and, especially since the
Second World War, as providing agencies for the resolution of
disputes (the current one being ACAS, the Advisory, Conciliation
and Arbitration Service) to promote collective bargaining in the
private sector. Both World Wars have been crucial periods, during
which governments created conditions in which trade unionism
has been able to develop, and employer hostility has been blunted.
The Second World War, in particular, may be seen as a time in
which several key features of "modern" industrial relations came
into being.
3.2 The pinnacle of government/union collaboration was that of the
Labour government's "Social Contract" of 1974-79; the height
of tripartism in this country. But it was soon to be replacjed by
a government whose attitudes to unions and collective bargaining
were very different from most of its predecessors. Committed above
all to the efficient operation of free markets, the Conservative
governments of the 1980s perceived both unions and collective
bargaining (particularly the centralised structures of the public
sector) as obstacles to efficiency, and introduced a number of
legislative and other measures to reduce their impact.
3.3
The decades since the Second World War have seen major changes
in the structure and size of employing organisations. The merger
wave of the 1960s and 1970s was one widespread response of British
firms to their increasingly poor competitive performance. One
consequence was the rapid growth of giant multi-establishment
firms in Britain. The contribution of these large firms to the British
economy and to employment levels was substantial. In 1979 around
45 per cent, of all employees in manufacturing worked in
companies employing 5000 or more employees; in 1958 the figure
had been under 35 per cent. Average establishment size also grew.
In 1979 over 40 per cent, of all employees worked in establishments
employing more than 1000 employees; in the early 1950s the figure
had been around 30 per cent. These large establishments were
fertile ground for the development of collective bargaining, with
large concentrations of employees and employers keen to take
advantage of the savings involved in managing the workforce on
a collective basis.
3.4 Between 1979 and 1984 these trends reversed. The number of large
compames in manufacturing (defined as those employing 2000 or
more in the United Kingdom) fell from 406 to 282, and the
proportion of all employees who worked in such large companies
fell from 55.6 per cent, of the workforce to 44.7 per cent. Thus
a smaller proportion of the workforce is working for large
companies. Similarly, the average size of workplace is falling.
Between the same two dates the proportion of employees working
in manufacturing establishments of 500 or more employees fell
from 54.1 per cent, to 44.9 per cent. In other words, although
British manufacturing is still dominated by large companies and
large plants, it is less so than a decade ago (indeed, the product
value of these large compames has greatly increased as it is the
low value/low productivity companies and establishments that have
disappeared). Indeed, through the extensive use of sub-contracting
these large firms' influence over employment and economic
performance is probably greater now than in the past, although
much of this is indirect.
3.5 Of particular industrial relations interest in recent years has been
the development of foreign-owned firms. Several of these,
especially Japanese-owned companies in technologically
sophisticated areas of manufacturing industry such as electronics,
have been associated with ideas of personnel and industrial relations
management very different from those conventionally used in the
primary and secondary sectors of industry. In particular they are
less wedded than some of their British counterparts to the
importance of trade union recognition and collective bargaining,
preferring instead to rely on a sophisticated range of techniques
of so-called "Human Resource Management". Several leading
British compames have shown an interest in following this overseas
lead.
10
4.3
4.4
4.5
4.6
6. Industrial Conflict
6.1 On most statistical international comparisons of industrial conflict,
Britain usually appears around the middle of the ranking of
industrial capitalist economies. But there are certain features of
the pattern that are important.
6.2 In the 1960s great attention was paid to the increase in unofficial
unconstitutional strikes (those that are called without the approval
of the official union executive and before the exhaustion of agreed
disputes procedures). Often associated with the emergence of shop
stewards (factory-based union representatives) and an increased
volume of workplace bargaining, such disputes were particularly
common in the engineering industry. Such was the political and
industrial concern that the Labour government appointed a Royal
Commission in 1965 (the Donovan Commission) to investigate what
was happening to industrial relations. The Commission
recommended a number of reforms to try to reduce strikes, but
the statistical evidence suggests that they had little impact during
the 1970s.
6.3 What did happen during the 1970s was that workers in the public
sector, hitherto associated with very low levels of conflict, started
to take national industrial action on a scale unprecedented since
the end of the Second World War. By the end of the 1970s virtually
all major public sector groups had been involved in some form
of industrial action (some for the first time in their history). Two
strikes in particular, the miners' strike of 1974 and the local
government workers' of 1978/9, were widely held to have
contributed to the electoral defeat of the governments of the time.
These conflicts overshadowed what was going on in the private
sector, both statistically and in terms of the attention paid to them.
Most commentators associate the re-emergence of public sector
disputes with the effects of incomes policies, increasingly used by
governments between 1965 and 1979, which appeared to restrict
the pay of public sector workers more severely than their private
sector counterparts. The statistics peaked in 1979, when over four
million workers took part in strikes that lost nearly 12 million
working days.
6.4 Since 1979 the strike statistics have fallen quite sharply, although
the miners' strike of 1984/5 temporarily raised thefiguressharply
and the summer of 1989 witnessed a considerable rise in strike
activity. As in the 1970s public sector workers and their unions
have been the groups most heavily involved.
6.5 Although pay and related issues have always accounted for the
largest proportion of strikes when analysed by cause, the proportion
of pay-related strikes has fallen in the 1980s, as strikes over
redundancies and reductions in working hours have increased as
a proportion of the total. It should also be noted that there is some
evidence during the same period of an increase in the use of non20
6.6
6.7
6.8
6.9
6.10 The most frequently used legal channel is the Industrial Tribunal
system, which has jurisdiction over a range of individual
employment rights. Because unionized workers tend to have access
to voluntary procedures of the kind discussed above, the IT system
tends to be used mainly by those not in unions or where the union
is not recognised, or only weakly organised. The ordinary courts
have not been given any dispute settlement role as such in Britain
nor entrusted with first instance jurisdiction concerning statutory
rights but they have not been kept out of industrial disputes. They
have wide original, appellate and supervisory jurisdictions in labour
law. Their original jurisdiction, as noted above, concerns such areas
as the lawfulness of industrial action. They also hear contractual
disputes, most internal union admimstration disputes, personal
injury litigation and public order cases. Their main appellate role
concerns the industrial tribunal system, via the Employment
Appeal Tribunal, and their supervisory role is by way of judicial
review of certain decisions taken by public bodies. This latter has
been exercised in respect of ACAS and CAC.
6.11 In addition to the courts' role in internal union administration
disputes, the Certification Officer also has a jurisdiction to hear
complaints concerning such matters as ballots for union elections
which have been subject to recent legal regulation. The TUC has
its own voluntary procedures for handling disputes between trade
unions (the Disputes Committee), and an Independent Review
Committee to hear complaints concerning alleged arbitrary
exclusions and expulsions from unions (also now subject to legal
redress via the industrial tribunals).
7. The Industrial Relations System: Overview and Prospects
7.1 Opinion in Britain as to the significance and long-term importance
of the changes that have taken place in the 1980s is sharply divided.
On the one hand there are those who argue that unemployment,
structural shifts in the economy, government action, and the
changes in the legal framework are leading to profound and
irreversible changes in Britain's system of industrial relations in
which the coverage of unions and collective bargaining will be
reduced, and forms of non-union management will grow in
importance. Such analysts point in particular to the growth of small
firms and of the private service sector, in both of which unions
have traditionally experienced great difficulty in establishing a
foothold. On the other side it is argued with equal vehemence that
many of the changes currently being witnessed are likely to be
no more than temporary phases; that unionism and collective
bargaining have demonstrated great stability (greater than during
the recession of the 1920s and 1930s) and that this testifies to the
continuing relevance of these institutions in modern Britain.
22
23
AMALGAMATION
AMALGAMATION
ARBITRATION
ARBITRATION
arbitration was imposed during the two World Wars and in the
period immediately following the Second World War when strikes
and lockouts were prohibited.
From 1940 to 1980 in various forms it was possible for a union
or employers' organisation to invoke compulsory arbitration in
a different sense to oblige employers in otherwise well-organised
industries to observe collectively agreed terms and conditions of
employment. Unilateral compulsory arbitration of terms and
conditions of employment was also the sanction against employers
who failed to comply with a recognition recommendation under
the procedure of EPA 1975 or who fail to disclose information
to a trade union for the purpose of collective bargaining as
required by the statute. Apart from the last, all these provisions
have been repealed in Great Britain. (In Northern Ireland trade
union recognition procedures still apply.) Where an arbitration
award is made its terms take legal effect as implied terms in the
individual contract of employment.
Final Offer Arbitration: see pendulum arbitration, below.
Pendulum Arbitration: A form of arbitration where the
arbitrator is required to make an award wholly in favour of either
the employer's final offer or the union's final claim. Thus the
arbitrator's terms of reference require a straight choice between
the parties' final positions and any other solution is automatically
ruled out. Pendulum arbitration is one of the characteristic
elements of some strike free agreements. Also known as final
offer arbitration.
Voluntary Arbitration: In Britain arbitration is generally
voluntary and normally used as a last resort, after negotiation
aided by conciliation has failed to resolve the issue. Reference
to arbitration may be ad hoc or as provided for under the dispute
procedure. The procedure may provide that reference to
arbitration must be jointly triggered (bilateral) or may be unilateral
(one party alone may decide that arbitration be used). The parties
generally agree the terms of reference for the arbitrator. It is
common, but not obligatory, for parties to use the arbitration
service provided free of charge by the Advisory Conciliation and
Arbitration Service, or, in Northern Ireland, the Labour
Relations Agency.
22. ASSESSMENT CENTRE: See recruitment and selection.
23. ASSOCIATED EMPLOYER: Two employers are treated as
being associated if one is a company of which the other (directly
30
AWARD
AWARD
32
29. BACK PAY: According to some commentators this means
payment made to an employee to compensate for previous
underpayment resulting from an error or misapplication of an
agreement. On this definition it is to be distinguished from
retrospective pay. Others, however, treat the terms as
synonymous.
30. BALLOT: A method of decision-taking in trade unions involving
an indication of preference by union members on a voting paper.
Its essentially secret nature distinguishes it from decision-taking
through a public show of hands at a union meeting. Although
several unions have for many years elected at least some of their
officials and taken other decisions by ballot, many have
traditionally preferred other, more public methods. But balloting
is rapidly becoming widespread as a result of recent legislative
changes, most notably the Trade Union Act, 1984 which requires
all trade unions to elect senior officials by a secret ballot of all
members, removes trade union immunities for official industrial
action not sanctioned by ballot, and requires unions to hold
membership ballots on the establishment and maintenance of
political funds (most provisions of the Act do not apply to
Northern Ireland). Virtually all trade unions have now amended
their rule books to accommodate these legal changes. The
Employment Act 1988 has extended this process by requiring
mandatory postal ballots for union elections and political funds.
It also has tightened and clarified the definitions of those national
officials who must submit themselves to periodic re-election
(again, this legislation again does not really affect Northern
Ireland). A Code of Practice on industrial action ballots came
into force on April 11, 1990.
Since 1980 state funds have been available to reimburse unions
for the costs of certain kinds of ballots. The official position of
the TUC (strongly opposed to the legislative changes) was to
refuse to accept the money, but this policy has been abandoned.
Some commentators allege that the TUA 1984 is in breach of
the ILO Convention on Freedom of Association (No.87, 1948),
which requires that workers' organisations have the right to adopt
rules and elect representatives "in full freedom".
The Employment Acts 1980 and 1982 also required ballots
for the maintenance of Union Membership Agreements, and
balloting has been required by law for many years as a precursor
to trade union amalgamation. See closed shop.
31. BANDING: Methods of grouping jobs of approximately equal
value into single categories attracting the same rate of pay, in
33
BANDING
BARGAINING STRUCTURE
BARGAINING STRUCTURE
BLACKLEG
BLACKLIST
BRANCH
BRANCH
Nevertheless, they remain the principal local forum for decisiontaking in unions. In most unions the principal officer of the
branch is the branch secretary, who often has the important task
of administering the benefits paid by many unions to members
in the event of ill-health or injury.
55. BREACH OF CONTRACT: A breaking of a duty or obligation
which a contract imposes. A breach of contract confers a right
of action for damages on the injured party. It also entitles him
or her to treat the contract as discharged if the other party is in
fundamental breach, that is, repudiates the contract. Where an
employee is in fundamental breach of the contract of employment,
the employer may lawfully dismiss (see fair dismissal) without
giving notice (see notice periods). Where an employer is in
fundamental breach and the employee resigns, the employee may
claim constructive dismissal. This is a form of unfair dismissal
covered by statute. It is also possible to claim wrongful dismissal
for breach of contract. Because collective agreements in Britain
are not legally enforceable as such, breach of a collective
agreement is not normally a breach of contract, except in so far
as terms of the agreement have been incorporated into the
contract of employment of the relevant employees. See damages,
and collective agreement: legal enforceability of collective
agreement.
56. BREAK: A scheduled stoppage during normal working time.
Thus employees may have lunch and tea breaks, etc. or breaks
for any form of regular meeting.
57. BREAKAWAY UNION: On occasions union members,
dissatisfied with their trade union, have collectively left and
formed a new, breakaway union (sometimes also called a splinter
union). In the 1960s and 1970s there were few successful
examples, as most employers were reluctant to risk disruption
to established arrangements by recognising breakaways. During
and after the miners' strike of 1984-1985 a breakaway union, the
Union of Democratic Mineworkers, was formed and has been
recognised in some areas.
58. BREAKDOWN: (1) an equipment failure (machine breakdown);
(2) the collapse of talks or negotiations between, for example,
unions and employers.
59. BRIDLINGTON AGREEMENT: Rulesfinallyadopted by the
TUC in 1939 to regulate competition for members between its
affiliated unions (see affiliation). Since Britain has no
40
BURDEN OF PROOF
BURDEN OF PROOF
42
73. CENTRAL ARBITRATION COMMITTEE (CAC): Established by the EPA 1975 and brought into operation in February
1976, replacing the Industrial Arbitration Board, formerly the
Industrial Court in Britain. The CAC is a standing national
arbitration body maintained at state expense with a Chairperson,
Deputy Chairperson and members appointed by the Secretary
of State for Employment. The members are chosen for their
experience as representatives of employers or workers. The CAC
has declined in importance since 1979 with the repeal of most
of the statutory provisions which provided for unilateral reference
to it. It retains its role under EPA 1975 of providing unilateral
arbitration at the request of a trade union seeking the disclosure
of employer information for purposes of collective bargaining,
and also handles a very small number of voluntary references.
The CAC determines its own procedure. Decisions under its
statutory jurisdictions are published but voluntary awards are
published (normally without giving reasons for the decision) only
with the consent of the parties. For Northern Ireland the
Industrial Court has functions parallel to those of the CAC.
See List of Addresses.
74. CERTIFICATE OF INDEPENDENCE: The Certification
Officer has responsibility for issuing certificates of independence
to trade unions. TULRA 1974 defines an independent trade
union as one which is not under the domination or control of
an employer or of an employers' association and which is not
hable to interference by an employer (arising out of the provision
of financial or material support or by any other means) tending
towards such control. A trade union which is independent and
recognised by the employer for collective bargaining enjoys a
number of legal advantages. See recognised trade union.
75. CERTIFICATION OFFICER: The Certification Officer
exercises functions in respect of the internal government and
democracy of trade unions. These functions include maintaining
a list of trade unions, issuing certificates of independence,
ensuring that unions maintain proper financial accounts,
supervising ballots on union mergers (see amalgamation) and
political funds, administering financial subsidies to offset the cost
of union ballots, and hearing complaints that a ballot for the
election of the principal executive committee of a union is not
in conformity with the TUA 1984. The Certification Officer's
responsibilities do not extent to Northern Ireland; there many
of the same duties are carried out by the Registrar of Friendly
Societies in Northern Ireland.
See List of Addresses.
44
CLERICAL STAFF
CLERICAL WORKER
CODE OF PRACTICE
CODE OF PRACTICE
COLLECTIVE AGREEMENT
COLLECTIVE AGREEMENT
COLLECTIVE DISMISSAL
COLLECTIVE DISMISSAL
COMPARABILITY
COMPARABILITY
CONSULTATION
CONSULTATION
CONTRACT OF EMPLOYMENT
CONTRACT OF EMPLOYMENT
COSHH
124. CONVENOR: A convenor of shop stewards is a shop steward
elected by other shop stewards in a plant to act as their senior
representative and spokesperson. The convenor often has a stated
part to play in the handling of issues in grievance and discipline
procedures and will often be the leading shop steward in wage
negotiations. Large factories, or those with more than one trade
union, may elect more than one convenor.
125. CORE WORKFORCE: A term used to refer to those employees
in a company who enjoy relative job security and in whom
training is invested (those in the internal labour market). Such
workers perform tasks regarded as central or strategic to the
organisation's success. The contrast is drawn with "peripheral"
workers (see atypical workers), who are regarded as more easily
disposable and who may be used to provide a protective buffer
for the core workforce in times of reduced demand for labour.
Despite the widespread use of the "core/periphery" terminology,
it is sometimes considered to be an unhelpful oversimplification
of the labour market.
126. CORPORATE STATUS: The status of corporation means that
an organisation has an identity, rights and duties distinct from
those of its members. A company is a species of corporation, but
a trade union is stated (TULRA 1974) not to be a body corporate.
All property belonging to a union is vested in trustees in trust
for the union. Nevertheless, a union has many of the attributes
of corporate status in that it may make contracts, sue and be sued
in its own name, and be the subject of criminal prosecutions.
127. CORPORATISM: Systems of government and economic
regulation involving active state intervention in the economy
through joint decision- making machinery involving the state and
employer and employee representatives. Used to contrast with
systems of economic liberalism based on clear separation of the
state from the economy and from the economic interest groups.
In practice the term is used loosely, ranging from systems of
voluntary tripartite participation of unions and employers'
associations to the coercive structures of Fascism. In Britain the
term is sometimes used in relation to the period of the Social
Contract in the 1970s.
128. COSHH: See Control of Substances Hazardous to Health
Regulations.
59
D
136. DAMAGES: A court makes an award of damages in order to
compensate for loss suffered owing to a tort or breach of contract
or breach of a statutory duty. Damages are normally intended
to compensate the innocent party rather than punish the
wrongdoer, though very occasionally a court may award
exemplary damages by way of punishment. A frequent instance
giving rise to a claim for damages is where an employee is injured
at work because of an alleged fault on the part of the employer.
An employer may also be liable in damages for breach of the
contract of employment but such claims are rare.
A trade union may be sued for damages, including damages
for loss caused by an unlawful strike. Where a union is sued in
tort, statutory ceilings can apply which impose limits on the
amount of damages in accordance with the size of the union. See
injunction.
The Industrial Tribunal may make awards of compensation
in cases of unfair dismissal and racial and sexual discrimination
(see also race discrimination and Sex Discrimination Act 1975
and 1986).
137. DATA PROTECTION ACT 1984: This Act subjects employers
to certain legal obligations, including registration with the Data
Protection Registrar, in respect of computerised personal data
about employees. Employees may have the legal right to obtain
such data and, in some circumstances, to have it erased or
corrected. Part of the stimulus for the Act came from the Council
of Europe's Convention for the Protection of Individuals with
regard to the Automatic Processing of Data, 1981.
138. DAYWORK: Work done during the day, as opposed to either
during the night or on the basis of a shiftwork system. The term
may also be used in contrast to piecework to indicate that the
worker is paid by the day rather than by the unit of output.
139. DE: See Department of Employment.
140i DEMARCATION: Distinctions between jobs according to the
type of worker undertaking them, or the union to which the
worker belongs. Traditionally the job will be demarcated on craft
lines, for example demarcation between electrical tasks and
mechanised tasks. Worker refusal to undertake tasks beyond the
demarcation boundary has been seen by management as a
restrictive practice and a barrier to achieving functional
flexibility through multi-skilling (see flexibility).
61
DEMARCATION DISPUTE
DILUTION
DIRECT DISCRIMINATION
DISCLOSURE OF INFORMATION
DISCRIMINATION
DISPUTES COMMITTEE
DISTANCING
70
EMPLOYEE
EMPLOYERS' ASSOCIATIONS
EMPLOYERS' ASSOCIATIONS
EMPLOYMENT SERVICE
to time off work for union duties and activities, for public duties
(e.g. sitting as a magistrate) .and for job search where
redundancy is imminent;
for pregnant women not to be dismissed because of pregnancy;
to time off for ante-natal care;
to return after maternity leave;
to receive maternity pay;
to payment while suspended from work on medical grounds;
not to be unfairly dismissed;
to be provided with a written statement of the reason for
dismissal;
not to be victimised because of union membership or activities
or because of non-membership of a trade union;
to certain payments which the employer cannot make because
of insolvency;
to equal pay and other contractual terms;
not to be discriminated against on grounds of sex, married
status, or race;
not to be unreasonably expelled or excluded from a trade union.
Complaints concerning the infringement of these rights are
heard by an Industrial Tribunal. Many of these rights are subject
to exclusions and qualifications. A number depend on a particular
length of continuous service (see continuity of employment)
under a contract of employment with the same employer,
working a specified minimum number of hours per week. Thus,
many part-time, temporary and casual workers are excluded
from many of the individual rights. Conservative governments
since 1979 have reduced the coverage of some of these rights (for
example by increasing the service qualification for unfair
dismissal to two years) as part of the process of "deregulation",
designed to remove what are seen as burdens placed upon
employers as a result of employment protectionrightsfor workers.
202. EMPLOYMENT RELATIONSHIP: See contract of employment, employee.
203. EMPLOYMENT SERVICE: A government-funded service
intended to match job vacancies to people seeking work; involving
the provision ofinformation about available jobs and applicants.
The service offers interviewing, counselling and aptitude testing
through its employment offices and job centres. In 1980 there
were over 1000 offices spread all over the country. From 1978
until 1988 these services were operated through the Manpower
Services Commission (MSC) (see Training Agency), but recently
they have been transferred back into the Department of
Employment.
77
ENTERPRISE ZONES
EOC
207. EOC: See Equal Opportunities Commission.
208. EOP: See Equal Opportunity Policy.
209. EPA 1975: See Employment Protection Act 1975.
210. EPCA 1978: See Employment Protection (Consolidation) Act
1978.
211. EqPA 1970: See Equal Pay Act 1970.
212. EQUAL OPPORTUNITIES COMMISSION (EOC): A
comparable body to the CRE, set up under the Sex
Discrimination Act 1975 with the job of working towards the
elimination of discrimination; promoting equality between men
and women generally and keeping under review the workings
of the Equal Pay Act 1970 and Sex Discrimination Act; and
putting forward proposals for change. It has powers to undertake
Formal Investigations (little used in the employment field); to
grant assistance to individuals intending to take proceedings under
the SDA or EqPA; to issue Codes of Practice in the employment
field; to undertake and assist research and educational activities.
The EOC is headed by a Chair and a Deputy Chair and 13 parttime commissioners appointed by the Home Secretary. These
include representatives from the TUC and CBI but they have
not been drawn from women associated with the women's
movement. The EOC has been criticised by some observers for
its low profile and apparent reluctance to use its legal powers.
The Commission would argue that limited resources and a head
office away from London (in Manchester) have posed problems
for it and that it prefers to move forward on the basis of agreement
and consensus. A parallel body operates in Northern Ireland.
See List of Addresses.
213. EQUAL OPPORTUNITY EMPLOYER: An employing
organisation which attempts to operate in accordance with good
practice in eliminating unlawful discrimination and promoting
equal employment opportunities. Although many employing
organisations now declare themselves to be equal opportunity
employers (for example, in recruitment advertisements), research
shows that in practice many may not have introduced an equal
opportunity policy or undertaken review or revision of their
practices and procedures. Declaring the organisation to be an
equal opportunity employer is seen to be the first step towards
80
EXECUTIVE COMMITTEE
EXPIRY OF AGREEMENT
84
226. FACILITIES (FOR TRADE UNION REPRESENTATIVES): Such items as a meeting, place, access to a telephone
and use of a photocopier or printer as resources for shop floor
trade union organisation. Originally such facilities were provided
through funds raised by collections from the members (rarely
provided by the official union), but in the 1960s and 1970s
management came under pressure to agree to provide such items
for shop stewards, and this was a feature of those decades. In
1978 ACAS published a Code of Practice on Time Off for Union
Duties and Activities which included a recommendation to
management that union representatives be accorded necessary
facilities such as "accommodation for meetings, access to a
telephone, notice boards and, where the volume of the official's
work justifies it, the use of office facilities". See also time off
rights.
227. FACTORY INSPECTORATE: See health and safety.
228. FACTORY INSPECTORS: See health and safety.
229. FAILURE TO AGREE: The term used to denote a formal
acknowledgement by the parties to negotiation that they are
unable to reach an agreement. A recorded failure to agree
automatically refers an item to a higher level of procedure. If
no such higher level exists, failure to agree may lead to a referral
to an outside body (for conciliation or arbitration or to an
Industrial Tribunal, for example). A failure to agree at the final
level of procedure also indicates that any industrial action taken
by either of the parties would be constitutional, as permitted
under the terms of the procedure agreement.
230. FAIR DISMISSAL: Also known as dismissal for cause. Under
the EPCA 1978 a dismissal may be fair if the reason for it falls
within the following categories: capability, conduct, redundancy,
statutory restriction or some other substantial reason. These
reasons potentially justify dismissal but the Industrial Tribunal
must also find that the dismissal satisfied the criterion of
reasonableness for it to be fair. This decision depends on
"whether in the circumstances (including the size and
administrative resources of the undertaking) the employer acted
reasonably or unreasonably in treating the reason as a sufficient
reason for dismissing the employee". Fairness therefore concerns
both substantive and procedural aspects: a reason for dismissal
and reasonable carrying out of the dismissal. Until recently it
was automatically fair to dismiss a worker refusing to join a trade
85
FAIR DISMISSAL
FINANCIAL PARTICIPATION
FINANCIAL PARTICIPATION
FOREMAN (FOREWOMAN)
has been used to meet increased demand and workers may have
been under-utilised in periods of low product demand, or goods
have been produced for stockpiling. Numerical flexibility aims
to avoid this by using atypical workers (e.g. part-time workers,
temporary workers) to meet periods of increased demand. The
numbers of part-time staff or the hours they work may be
increased or decreased as required and temporary workers hired
and fired as employer need determines. Another way of obtaining
flexibility of time is annualised hours, whereby the patterns of
work of full-time regular employees may be tailored to reflect
different levels of demand at different periods.
247. FLEXIBLE WORKING HOURS: Under such arrangements
employees are required to be present at their place of work for
certain specified periods (called "core time") and to be at work
for a specified number of hours each week or month. But provided
these two conditions are met employees may choose their own
times for starting and finishing work. A concept much discussed
but so far only used for certain groups of white-collar workers.
248. FLEXITIME: See flexible working hours.
249. FOREIGN WORKER: Those who have no right of abode in
the United Kingdom (non-patrials) may be subjected to
restrictions in obtaining a work permit and in changing jobs. An
employer wishing to employ a foreign (non-EEC) worker has to
satisfy the Department of Employment that no suitable resident
labour is available for the vacancy in order to obtain a work
permit. Entry of foreign workers into the civil service is
restricted. Limitation of entry into the United Kingdom is
permitted where the Government finds a person unacceptable
by reason of public policy, health or security grounds. Once
admitted, equal treatment for the worker is required in labour
law and taxation and under the social security system.
250. FOREMAN (FOREWOMAN): Although difficult to define with
precision, this term usually denotes first line management:
managers directly concerned with the detailed supervision of
work. Although the work varies from company to company,
foremen/women may have responsibility for aspects of work
organisation, handling minor disciplinary and grievance issues,
and acting as a "communications channel" between the workforce
and higher management. In the years after World War II the
foreman/woman's powers declined rapidly in the face of strong
shop floor trade union organisation, but in recent years much
attention has been paid to developing their role as a part of
91
FOREMAN (FOREWOMAN)
FRICTIONAL UNEMPLOYMENT
FRINGE BENEFITS
259. FRINGE BENEFITS: Many employees receive from thenemployers payments or services over and above the wage or salary
paid directly for the performance of work. Such additional
benefits may include access to occupational pension schemes,
travel allowances, discounts on the company's goods or services
to employees and their families, and access to recreational and
social facilities. At higher managerial levels the list may extend
to cover cars, assistance with school fees and mortgages, cheap
loans, and the provision of private medical services. Although
many of these benefits are now subject to taxation, they are a
valued and important aspect of a remuneration package and are
often seen by compames as useful devices in helping to secure
employee loyalty and commitment to the company, not least
because of the problems employees may encounter if they lose
access to such benefits. In recent years some criticism has been
voiced at British industry's failure to control its cost levels on
fringe benefits.
260. FULL-TIME OFFICIAL: a trade union official employed by
the union to work on its behalf (and thus to be distinguished from
lay officials). Full-time officials (FTOs) may have responsibilities
for defined geographical areas (regional, district and area officials),
for specific functional tasks (law, health and safety, training,
organisation, etc.), or for specific industries or occupations. Such
officials may generally be elected or appointed to their posts,
although the situation affecting most general secretaries and
officials of similar level (e.g. union presidents) has been changed
by the provisions of Part 1 of the Trade Union Act 1984, which
requires that all members of a union's "principal executive
committee" must be elected by individual secret ballot at least
every five years.
The committee is defined to include all voting members, and
this often includes union general secretaries and their equivalents
who have a vote as ex officio members. These electoral provisions
have been extended in the Employment Act 1988.
261. FUNCTIONAL FLEXIBILITY: See flexibility.
94
GOLDEN FORMULA
98
H
288. HARMONIZATION: Narrowing or eliminating the differences
in the basis of treatment of manual and non-manual workers to
achieve "single status" in respect of fringe benefits and other
terms and conditions of employment. Remaining differences
should be based on the job rather than status. Harmonization
of terms and conditions is often seen as an element in obtaining
greater flexibility in the workforce and as part of a wider
commitment-seeking approach to managing labour and a number
of British companies are now introducing it for these reasons.
289. HEAD OFFICE: The central office or headquarters of a
company, a government agency or a trade union. The term usually
refers to the actual building in which those associated with the
most senior decision-making level of an organisation work.
290. HEADQUARTERS: See head office.
291. HEALTH AND SAFETY: A TUC Report in 1987 noted that
some 700 workers die each year in accidents at work and 275,000
are injured, and that there are some 900 notified deaths from
"prescribed" industrial diseases. The extent of occupational
illness is much greater than this but difficult to quantify. The
trend is disturbing, as the statistics for total and major injury
accidents in manufacturing and construction have been rising in
the 1980s. The incidence rate for fatalities and major injuries in
1985 in manufacturing industry was 91 per 100,000 employees
and in construction 232.
Health and Safety at Work, etc. Act 1974 (HSWA 1974): This
is the principal legislation dealing with health and safety at work.
It enables the Health and Safety Commission (see below) to draw
up detailed regulations and codes on specific issues, and imposes
legal duties on employers and employees and on the designers,
manufacturers and suppliers of equipment, etc. and others to
uphold reasonable safety standards. An employer must ensure,
so far as is reasonably practicable, both the health, safety and
welfare at work of all employees and that other people, not in
his or her employment, are not exposed to risk. Employees must
take reasonable care for the health and safety of themselves and
others who may be affected by what they do, or do not do, at
work. The act also requires employers to consult with the safety
representatives (see below) of recognised trade unions.
Health and Safety Commission: The Commission is the public
agency with responsibility for proposing regulations and codes
99
HOLIDAY
HOLIDAY
302. IDLE TIME: Time when a worker has work available but does
not do it. It is distinguished from down time in that it carries
no implication that work is suspended because a machine is in
need of repair or adjustment.
303. ILO CONVENTIONS: ILO Conventions have been influential
in the drafting of several statutory employment rights. For
example, the legal protection for the positive aspect of freedom
of association was influenced by ILO Conventions No. 87 on
Freedom of Association, No. 98 on the Right to Organise and
Bargain Collectively, and No. 135 on Protection and Facilities
for Workers' Representatives. But ILO Conventions, even if
ratified, are not binding on the British government or courts.
Moreover, in furtherance of its deregulation policy, the British
government has, in the 1980s, denounced several ILO
Conventions, for example Convention No. 94 on Labour Clauses
(Public Contracts), No. 95 on Protection of Wages, and No. 26
on Minimum Wage-Fixing Machinery. It has refused to ratify
Convention No. 158 on Termination of Employment. See Fair
Wages Resolution, Wages Act 1986.
304. IMMUNITIES: There is no positive right to take industrial
action in Britain. The freedom to do so comes from the granting
of protection from action under the common law. This protection
is provided where action concerns a trade dispute. The scope
of the immunities and the definition of "trade dispute" are
therefore of great importance in determining the right to strike
in Britain. The statutory immunities from common law liabilities
thus constitute the legal freedom to take industrial action. The
principal common law liabilities are based on the law of tort (civil
wrongs). They include liabilities for conspiracy, intimidation,
inducing breach of contract and interference with contract. The
immunities from these liabilities are contained in TULRA and
apply only where the strike organisers act in contemplation or
furtherance of a trade dispute; the so-called "golden formula".
Some relevant torts are not, however, covered by the immunity,
for example, interference with business by unlawful means,
especially if the unlawful means involves the non-performance
of a statutory duty. In addition, the EA 1980 and EA 1982 and
the TUA 1984 removed the protection of the immunities from
certain categories of industrial action, including secondary action,
official strikes held without a strike ballot, and action to promote
union- and recognition-only practices. As well as reducing the
scope of the immunities, the definition of "trade dispute" has
also been narrowed.
103
IMPLIED TERMS
INDEMNITY FUND
second half of the 1960s and for much of the 1970s, under both
Conservative and Labour governments. They are conventionally
divided into "voluntary" policies, in which success rests on the
government's ability to persuade unions and employers to accept
the policy, and "statutory" policies under which the government
has the power to invoke legal sanctions against non-conformers.
The detail of incomes policies has varied considerably: some have
prescribed norms in terms of a percentage increase, others in
terms of absolute amounts of money; some have included controls
on prices (prices and incomes policies); some have allowed
exemptions for such factors as low pay and increases related to
productivity improvements (see productivity agreements). It is
generally agreed that they succeeded in having a limited impact
for a limited period, but were almost always followed by "catchu p " periods of rapid pay increase, often accompanied by militant
industrial action, especially by groups of public sector workers
who felt that, for a number of reasons, they had fared worse than
the private sector under incomes policies. The electoral defeats
of the Conservative government in 1974 and of the Labour
government in 1979 are both attributed in part to public disquiet
at widespread industrial action related to attempts by unions to
defeat incomes policies. Since 1979 the government has followed
an economic policy that associates inflation with increases in the
money supply (see monetarism) and hence perceives no role for
incomes policies. See cash limits.
310. INCREMENTAL PAYMENT: Several public sector employers
(civil service, education, local government) appoint employees
to scales or ranges of pay. After starting work on either the
minimum point of the scale or whatever is decided as the
appropriate entry level, employees move automatically to a higher
point on the scale each year until they reach the maximum.
Movement up the scale may in some cases be withheld as a
disciplinary sanction or in the event of alleged unsatisfactory
performance. The introduction of appraisal in the public sector
is expected to lessen the extent to which progression up an
incremental pay scale will be automatic on seniority.
311. INCREMENTAL SCALE: See incremental payment.
312. INDEMNITY FUND: A fund maintained by an employers'
association to indemnify its members against financial losses
caused through strikes. Employers' associations in Britain have
not succeeded in establishing such funds on any permanent basis.
105
INDEPENDENT EXPERT
INDUSTRIAL DEMOCRACY
INDUSTRIAL DEMOCRACY
AGREEMENT:
See
collective
INTERIM RELIEF
INTERIM RELIEF
OF EMPLOYEES:
See employee
113
JOB SECURITY
JOB SECURITY
JOINDER
JOINDER
JUST-IN-TIME (JIT)
119
372. KEYNESIANISM: The economic policies associated with the
theories of the economist J.M.Keynes. Developed during the
1930s, they were widely adopted by governments of both main
political parties during the 1950s and 1960s. Intended to maintain
full employment through the use of public expenditure, fiscal
measures and credit controls, Keynesian policies involve direct
government intervention in the management of the economy as
the key regulator of demand and output. Keynesianism provided
the basis for the growth of the public sector during the 1950s
and 1960s, and in turn for the stable basis of public sector
industrial relations during the same period. Since the mid-1970s
the mounting scale of public expenditure has pushed
governments, first Labour and then Conservative, away from
Keynesian policies and towards those of monetarism. The trade
union movement has, in its policies and responses, remained
staunchly Keynesian.
120
LABOUR MOVEMENT
LAYOFF
SUB-CONTRACTING:
See sub-
385. LAST IN FIRST OUT (LIFO): Seniority does not play such
an important role in the United Kingdom as it does in the United
States, but in handling dismissal because of economic reasons
of the firm (redundancy) it has been common for trade unions
to negotiate that the principle of selection should be that the
people with the shortest service be dismissed first, that is, "last
in first out". Where LIFO is used (whether by agreement or
management practice) it is not usually simply a question of
seniority, since management generally reserve the right to take
into account such matters as retaining necessary skills and the
workers' disciplinary and work records, etc. An ACAS survey
undertaken in 1985 found LIFO was the most common criterion
included in redundancy arrangements (82 per cent.) but the most
important in only 41 per cent. The same survey found a move
away from seniority in the most recent arrangements, with an
increased emphasis on skills and experience.
386. LAST OFFER ARBITRATION: See arbitration.
387. LATENESS: Arriving for work after the time stipulated by
contract or custom. Unauthorised or unexcused lateness of a
continuous nature may lead to disciplinary action. Trade unions
rarely preoccupy themselves with the principle of the issue, but
are more concerned to ensure consistency over managerial
acceptance or rejection of reasons given for lateness. See clocking.
388. LAYOFF: Workers are laid off by their employers, told not to
come to work, for a temporary or indefinite period or permanently
(see redundancy). Reasons may include shortage of work or of
material, or other factors outside the workers' control. Workers
on temporary layoff almost always receive a form of layoff pay,
usually a guaranteed minimum rate significantly less than their
normal earnings. Permanent layoff is covered by redundancy
payments for those eligible. Layoff has also a more specialised
meaning under the statutory redundancy pay scheme: where an
employee is laid off in the sense of being excluded from work
for four weeks, or is subjected to short time working (where he
or she earns less than half pay for a period of six or more weeks
in a period of thirteen weeks), he or she may be able to resign
his or her employment and claim redundancy pay. See also pay:
guarantee pay.
123
LAYOFF PAY
389. LAYOFF PAY: See guarantee week; see also layoff, pay:
guarantee pay.
390. LAY OFFICIAL: A worker who acts as a trade union
representative while continuing in paid employment. To be
distinguished from full-time officials, union officials employed
by the trade unions. Most lay officials are either shop stewards
or branch officers. Many unions also have an executive
committee composed largely or wholly of lay officials.
391. LEAP-FROGGING: Competitive wage bargaining between
groups of workers both within and between companies who use
inter-group comparisons as the basis for constantly pushing up
wages and conditions. Thus an improvement for one group would
be used as the basis for a comparable claim by others.
392. LEARNING CURVE: It is commonly accepted that new
employees starting a job will spend time acquiring knowledge
of the job and thus gradually improve performance up to full
efficiency. The graphic representation of this improvement over
time is the learning curve.
393. LEAVE OF ABSENCE: Permission to be absent from work.
Usually applied to absence for reasons such as the performance
of civic duties, jury service, etc. There is a statutory right to time
off for performance of such duties. Leave of absence may also
be granted for reasons not covered by legislation, such as the care
of dependants.
394. LEGAL AID: Legal aid may be given to persons whose
disposable income and capital fall within certain limits in order
to provide them with expert assistance and representation in legal
proceedings. Legal aid is not available, however, for
representation in an Industrial Tribunal.
395. LEGAL ENACTMENT: A general term for a statute or Act
of Parliament, statutory instrument, by-law or other statement
of law. See Act of Parliament.
396. LEGAL ENFORCEABILITY OF COLLECTIVE
AGREEMENTS: See collective agreement.
397. LIABILITY: The term denotes subjection to a legal obligation
or the obligation itself. A person who breaks a contract or commits
some other wrong is said to be liable or responsible for it.
124
LOCAL GOVERNMENT
LOCAL GOVERNMENT
LUMP SUM
127
M
413. MACHO MANAGEMENT: The journalistic term used in the
1980s to denote the more aggressive, tough-minded managers
of this period. Typically such managers are preoccupied with "the
right to manage", are unsympathetic or hostile to trade unions,
and are concerned to achieve dramatic improvements in
productivity through the elimination of what they see as inefficient
working practices.
414. MANAGEMENT: The term is used to describe those employees
who are involved with the processes of control, design and
administration within companies. It is also used to describe the
processes of control, design and administration. In Britain the
term covers levels of function from the Board of Directors down
to the daily supervision of groups of workers (first-line
supervisors: see foreman (forewoman)). British management
is sometimes accused of a lack of professional expertise. In the
1980s the country witnessed a recognition of the need for
management development and formal management education,
including the particular area of personnel management and
industrial relations. It has also been argued that British
management was slow in recognising the importance of personnel
and industrial relations expertise; many compames, including
many large public sector employers, were criticised for their lack
of expertise in this area during the 1960s and early 1970s. The
1970s witnessed a major growth in personnel management, and
an improvement in the importance attached to this function within
the hierarchy of management. There is some evidence that during
the 1980s the relative importance of personnel management again
declined in the face of the increasing importance attached to
financial decision-making. By 1987 some 12.8 per cent, of the
working population were described as managers and
administrators. There is also evidence that, by contrast with some
other European countries, senior British managers tend to be
financial experts rather than experts in more productionorientated techniques such as engineering. Again, this is seen
as a weakness by some commentators.
415. MANAGEMENT BOARD: Some formulations of proposals for
industrial democracy envisage a two-tier structure for the board
of directors: a supervisory board, which would be responsible
for broad strategy and planning and which would oversee the
operation of a management board, which would take charge of
the routine management of the company. Although much
discussed this model is only rarely found in the United Kingdom
128
MANPOWER PLANNING
MANPOWER PLANNING
MERIT PAY
MERIT PAY
MULTIUNIONISM
MULTIUNIONISM
134
N
446. NATIONAL ECONOMIC DEVELOPMENT COUNCIL
(NEDC): Set up in 1962 the NEDC is a body, presided over by
the Prime Minister or the Chancellor of the Exchequer, designed
to discuss matters of national economic policy with representatives
of interested organisations including the TUC, CBI, nationalised
industries, the Bank of England, etc. The National Economic
Development Office (NEDO) provides the full-time staff for
research and assistance, and there are also regional and sectoral
structures. Its status has been much downgraded since the 1980s;
the Conservative governments have given it a much lower priority
than did their predecessors and they have also significantly
reduced NEDO staffing levels. In recent years the TUC has
threatened to boycott the NEDC and did in fact do so for one
year in protest at the government's banning of trade union
membership at GCHQ, a major inteUigence-gathering institution.
447. NATIONAL INSURANCE: One aspect of the social security
system is the payment of National Insurance contributions which
gives access to the system and entitlement to certain benefits in
situations of unemployment, sickness, disability or old age.
Membership is restricted to those in employment, whether as
self-employed or employees. The structures of payment and
benefit for each of these groups varies, however. The
contributions paid by employees are matched by secondary
contributions paid by their employers. Contributions are
compulsory but the liability to pay only arises once earnings
exceed a prescribed lower earnings limit (46 in 1990). The lower
earnings limit means that many part time workers will be
excluded from the scheme.
448. NATIONAL JOINT COMMITTEE (NJC): See industry-wide
agreement.
449. NATIONAL JOINT INDUSTRIAL COUNCIL (NJIC): See
industry wide agreement.
450. NATIONALIZED INDUSTRY: Industries owned and run by
the state. They are managed by Boards of Directors appointed
by the government, and their affairs are subject to the scrutiny
of Parliament and the appropriate Ministry. Although nationalized
industries operate in many ways like private companies, they are
restricted in their ability both to borrow money and to control
the prices charged for their goods and services. Growing concern
with the size of public expenditure since the 1970s has led
governments of both parties to try to find ways of reducing the
135
NATIONALIZED INDUSTRY
NON-MANUAL UNION
NON-UNION
NUMERICAL FLEXIBILITY
139
o
469. OCCUPATION: (1) The term given to the trade or profession
held by an employee. Occupations would thus include teaching,
nursing, carpentry, journalism and so on. Further down the
occupational hierarchy categories tend to be broader, for example
semi-skilled worker. (2) A form of industrial action in which
workers take over a factory or workplace and exclude
management and other groups from entering the premises.
Briefly popular as a tactic during the 1970s. Also known as sit-in.
470. OCCUPATIONAL ILLNESS: See health and safety.
471. OCCUPATIONAL PENSION: An occupational pension
provides financial benefits, in the form of a regular payment
and/or a lump sum, to employees who have retired from an
employment, industry, occupation or firm to which an
occupational pension scheme may be linked. Companies are under
no legal obligation to provide such a scheme, and if they do not
their pensionable employees will, on retirement, be eligible for
the State Earnings-Related Pension Scheme (SERPS: see state
pension). But many companies in both the private and public
sectors do now provide occupational pension schemes carrying
benefits at least as good as those available under SERPS. Such
employers may seek to have their occupational schemes
"contracted out" of the SERPS scheme such that the occupational
scheme replaces SERPS benefits. Agreement to such contractingout is granted provided that the schemes satisfy criteria laid down
in a range of statutes: in particular they have to provide a pension
at least as good as that available under SERPS and have to pay
a pension related to the employee's earnings. In 1983, out of 11.1
million members in occupational pension schemes, 9.1 million
were in schemes that had been contracted out.
Recent legislation (the Social Security Acts of 1985 and 1986)
has extended the right of employees to transfer between schemes.
In addition, from 1988 employees have had the right to opt for
a personal pension that can, in effect, be transferred from job
to job. But these are money-purchased schemes in which benefits
relate only to the amount of money in the scheme on retirement;
they are not related to earnings. For this and other reasons takeup so far has been small.
Access to occupational pension schemes varies widely. Some
exclude part-time workers (although this is changing, partly due
to the Social Security Act 1989, giving effect to the EC Directive
on equal treatment in occupational social security schemes).
Others may be available to white-collar but not blue-collar
workers (but see harmonization).
140
OPEN-ENDED AGREEMENT
OPEN-ENDED AGREEMENT
OVERTIME
143
PAY
PAY
PAYMENT BY RESULTS
(PBR)
PAYMENT IN KIND
PICKETING
PICKETING
POLITICAL FUND
POLITICAL LEVY
PRIVATIZATION
PRIVATIZATION
PROMOTION LADDER
PROTECTIVE AWARD
sector
PUBLIC SERVICES
PUBLIC UTILITY
158
QUANGO
160
R
566. RACE DISCRIMINATION: There is repeated evidence
showing racial discrimination in employment in Britain. Black
people are most likely to be discriminated against: members of
the Asian and Afro-Caribbean communities experience higher
rates of unemployment than white people; they are found
disproportionately in the lower grades of employment (unskilled
and semi-skilled work) and are often over-qualified for the work
they undertake. A study in 1984-1985 found at least one third
of employers directly discriminating against Asian and West
Indian applicants for jobs at the first stage of recruitment. The
levels of discrimination were no lower than found in a similar
study undertaken in 1973-1974, before the introduction of the
Race Relations Act 1976. Discrimination occurs across a variety
of occupations and it has been found that black graduates are
also receiving unequal treatment in the labour market.
Investigations undertaken by the CRE and other research
findings have highlighted the common practice of word of mouth
recruitment (using existing employees to find people to fill
vacancies), which can indirectly discriminate against black
workers, and has shown how some workplace cUscrimination may
be condoned or encouraged by union representatives, despite
national level commitment to equal employment opportunities.
567. RACE RELATIONS ACT 1976 (RRA): The Race Relations
Act 1976 applies to discrimination on the grounds of colour, race,
nationality and ethnic and national origins. It applies in Great
Britain but not in Northern Ireland. Religious discrimination
is not explicitly covered in Britain but separate legislation covers
this in Northern Ireland. "Ethnic origin", however, has been
interpreted broadly to cover groups with a common or presumed
common identity such as Jews or Sikhs. There are important
exceptions to the legislation which, for example, allow
discrimination on grounds of nationality to preserve immigration
controls.
Both direct and indirect discrimination are covered by the
legislation which applies to all stages of employment:
arrangements made for deciding who is offered a job; the terms
on which the job is offered; opportunities for promotion, training
and transfer; the benefits and services granted to employees; and
in job termination or other unfavourable treatment of employees.
The Act provides for a few, specific exemptions where it may
be a genuine occupational qualification (GOQ) to be a member
of a particular race, ethnic group, etc. The list of genuine
occupational qualifications includes actors, models, personal
welfare offices and certain jobs in places like restaurants where
161
(RRA)
REDUNDANCY
REDUNDANCY
RELATIVITIES
then this is re-engagement. Where the employer objects to reemployment of the applicant the tribunal has to decide whether
it would be "practicable" for the employer to comply with the
order. Tribunals tend to adopt employer-centred criteria when
assessing practicability, that is, whether upon return the employee
will cause no managerial problems, rather than using employeecentred criteria and asking whether the applicant would benefit
from re-employment. Where an employer does not comply with
a tribunal order of re-employment an additional award of
compensation becomes payable to the worker. Except in cases
where dismissal is related to trade union reasons (where a "special
award" is payable), this additional amount is not large and
provides little real incentive to accept a re-employment order.
Although such orders are intended as the primary remedy for
being unfairly dismissed, in practice very few workers who win
their claims for unfair dismissal are re-employed on order of the
tribunal. Only around three per cent, of successful unfair
dismissal claimants obtain re-employment orders. This is around
one per cent, of all applicants whose claims are heard at a tribunal
hearing. The vast majority of successful unfair dismissal
applicants receive an award of compensation. This situation is
replicated among those applicants who settle their claims without
a tribunal hearing; the majority accept a monetary payment.
585. RE-ENGAGEMENT: See re-employment.
586. REGISTERED UNEMPLOYMENT: See unemployment.
587. REINSTATEMENT: See re-employment.
588. RELATIVITIES: Defined as "relationships between the pay
of jobs and grades of jobs in different negotiating units. They
may be external relativities between those in different plants,
companies, industries or services if these are self-contained
negotiating groups under different employers; or they may be
internal relativities between those in different negotiating units
within the same plant, part of plant, company or service under
a single employer". In either case they are distinguished from
a strict definition of differentials, which refer to pay differences
within a single negotiating group. Despite this clear definition,
the term differentials is often used instead of relativities. The
maintenance of relativities has been of particular importance in
public sector pay bargaining, where groups have long been
accustomed to comparing their pay with that of private sector
comparators.
167
RELIGIOUS DISCRIMINATION
RESTRUCTURING
RESTRUCTURING
RULE BOOK
171
SELF-FINANCING
SEMI-SKILLED WORKERS
1986)
1986)
SHOP STEWARDS
SHOP STEWARDS
SINGLE STATUS
SMALL EMPLOYER
SOCIAL CONTRACT
SPEED-UP
SPEED-UP
STANDARD PERFORMANCE
STANDARD RATE
STOPPAGE OF WORK
STRIKE
SUB-CONTRACTOR
SUB-CONTRACTOR
SYNDICALISM
193
UNEMPLOYMENT:
See
TRADE DISPUTE
TRADE DISPUTE
TRADE DISPUTE
TRADE DISPUTE
TRAINING
TRIPARTISM
TRIPARTISM
206
746. UMA (UNION MEMBERSHIP AGREEMENT): See closed
shop.
747. UNCONSTITUTIONAL STRIKE: See strike.
748. UNEMPLOYMENT: A situation in which some of the working
population is without work. The proportion is rarely defined with
precision, but it is often argued that figures of less than one per
cent, unemployment are consistent with full employment, since
there will always be a proportion of the workforce temporarily
out of work, usually looking for better work. In Britain
unemployment has risen sharply since the mid-1970s, and rose
to well over three million, or 14 per cent, of the workforce, by
1986, according to official figures. Since then it declined slowly
but rose again from 1990. The figures have been hotly disputed,
since the basis for calculation has been changed many times in
the 1980s. The TUC claim that the true figure is around one
million more than the official one, reflecting those who are
excluded from the calculations, primarily married women who
do not qualify for unemployment benefit (see below) and
workers, mostly young people, on temporary job creation
schemes. In Britain the worst-hit areas have been those most
associated with traditional manufacturing and extractive
industries. This has meant that Scotland, Wales and much of
the north of England and Northern Ireland have been particularly
badly affected by unemployment. Certain groups are particularly
affected by high unemployment: ethnic minorities, young schoolleavers, older workers and unskilled manual workers. Workers
who have been members of trade unions may in some cases
remain members after they lose their jobs, but people who have
never belonged to a union may find it very difficult to join a union
as unemployed persons.
Unemployment Benefit: A contributory state benefit, funded
through employers' and employees' National Insurance
contributions, available for a fixed period to people who
involuntarily lose their jobs. It is therefore not payable to strikers
(who are seen as voluntarily unemployed) nor to other workers
who have to stop work as an indirect result of a trade dispute,
unless it can be demonstrated that they have no material interest
in the outcome of the dispute. Self employed earners, who pay
contributions under a different structure to employees, are not
entitled to unemployment benefit.
Frictional Unemployment: That type of unemployment in
which people are out of work on a temporary, short-term basis,
207
UNEMPLOYMENT
UNFAIR DISMISSAL
UNFAIR DISMISSAL
UNION GOVERNMENT
UNION GOVERNMENT
UNSKILLED LABOUR
UNSKILLED LABOUR
214
VOLUNTARISM
216
w
778. WAGE (WAGES): The earnings or take home pay of a manual
worker, as distinct from the salary of a non-manual worker.
Wages usually denote weekly payment, but see harmonization.
Manual workers are sometimes referred to as wage earners to
differentiate them from white-collar or professional salary earners.
Wage Drift: A term, very common in the 1960s, used to denote
the rate of change in the wage gap between workers' actual
earnings and their rates of pay as shown in collective agreements,
usually national. The difference was often largely made up of
locally negotiated payment by results (PBR) bonuses; hence wage
drift was a feature of such payment systems within frameworks
of industry-wide collective bargaining. The existence of wage
drift was of concern to those who advocated incomes policies
since it is easier to control national rates of pay than local PBR
bonuses. In addition, wage drift was often perceived as an index
of pay increases that did not reflect increases in output or
productivity, of payment systems that had lost their ability to
control the relationship of pay and effort. The term is less used
in the 1970s and 1980s, since the reduction of industry-wide
bargaining and the move away from payment by results have both
acted to eliminate the very existence of a wage gap.
Wage Restraint: A concept involved in some forms of incomes
policy: those that depend heavily on unions' voluntary
commitment to restricting their pay claims. See social contract.
Wage Round: The notion of a wage or pay round implies a
cyclical process of wage claims and settlements, usually at the
level of the national economy. Often seen as an annual process
by those who argue that such cycles can be perceived, it is
characterised as being led by groups of workers (so-called "wage
leaders") who set a rate of increase to be aspired to by groups
who settle later on in the round. Some authors dispute the very
existence of a wage round, especially given the increased
importance of single employer bargaining (see bargaining
structure). The present government has recently criticised the
concept. The development of fixed term agreements setting pay
for two years also runs counter to the notion of a wage round.
Wage Structure: There are three primary but related meanings
for this term, all connected with the operation of systems of wage
payment. First, it may mean the way the total wage of a worker
or group of workers is composed; for example including such
elements as a basic rate, a piecework bonus and other forms of
217
WAGE (WAGES)
WARNING
WELFARE
WORKER
introduced into the Civil Service in 1919 and then spread more
widely in the public sector. In parts of the public sector some
joint committees are still referred to as Whitley Committees or
Councils.
790. WITHOUT PREJUDICE: An offer by an employer to trade
unions or vice versa "without prejudice" means that it is offered
on the basis that it may be withdrawn in favour of another solution
or offer. A without prejudice offer may also be one that is made
on the basis that it may not be used in evidence if no agreement
is reached and the dispute has to be referred to arbitration.
791. WOMEN'S WORK: See job segregation.
792. WORK STUDY: Techniques used to investigate the methods
by which work is performed (work measurement) and the time
that should be taken to perform a particular task. A study in 1979
showed that work study was used in 50 per cent, of manufacturing
establishments, and was most common in large establishments,
and with single employer bargaining (see bargaining structure).
Work study is especially associated with systems of payment by
results, most notably measured daywork.
793. WORK TO RULE: A form of collective industrial action in
which workers collectively slow down the pace of working through
scrupulous and detailed observation of orders, works rules or
health and safety regulations. This form of action is most
frequently used in the public service sector, where large and
detailed sets of working rules are often found. Despite the fact
that such action involves conforming to rules it may be held by
the courts to constitute a breach of contract by the employees
concerned. See also go-slow.
794. WORKER: Usually taken to mean a person who performs
manual as opposed to non-manual paid work, although the term
"non-manual worker" is found. In 1981 manual workers
constituted 47.7 per cent, of the total workforce. TULRA 1974
defines workers as those under a contract of employment or a
contract to perform personally any work or services (other than
for a "professional client"), plus government and National Health
Service employment (except the armed services and the police).
Unlike the term "employee" it thus includes as "workers" those
who are self-employed. Workers are frequently categorised on
the basis of skill levels, hence skilled, semi-skilled and unskilled
workers. Most workers work in workplaces away from their
homes, although there are also homeworkers and other home221
WORKER
WORKS COUNCIL
WORKS COUNCIL
224
226
LIST OF ADDRESSES
Advisory Conciliation and Arbitration Service
27 Wilton Street
London SW1X 7AZ
Central Arbitration Committee
15-17 Ormond Yard
Duke of York Street
London SW1V 6JT
Certification Officer for Trade Unions and Employer's Associations
15-17 Ormond Yard
Duke of York Street
London SW1V 6JT
Commission for Racial Equality
Elliot House
10-12 Allington Street
London SW1E 5EH
Confederation of British Industry
Centre Point
103 New Oxford Street
London WC1A 1DU
Department of Employment
Caxton House
Tothill Street
London SW1H 9NF
Employment Appeal Tribunal
4 St. James's Square
London SW1Y 4JB
Equal Opportunities Commission
Overseas House
Quay Street
Manchester M3 3HN
Equal Opportunities Commission for Northern Ireland
Chamber of Commerce House
22 Great Victoria Street
Belfast BT2 2BA
227
228
TABLES
TABLE 1
Employment
Number
(mlns)
1948-68
1968-79
1968-70
1970-73
1973-79
1980
1981
1982
1983
1984
1985
1986
1987-90
1990-92
1992-95
23.6
24.5
24.4
24.3
24.6
25.3
24.3
23.9
23.6
24.0
24.5
24.6
25.6
26.3
26.6
Annual Average
Compound Growth
Rate
(%)
0.6
0.2
-0.1
0.3
0.3
c
c
c
c
c
c
c
1.5
0.6
0.4
Registered Unemployment3
Number
Rateb
(mins)
(%)
0.3
0.9
0.5
0.7
1.1
1.7
2.4
2.8
3.0
3.0
3.2
3.2
2.6
2.3
2.2
1.4
3.5
2.2
2.7
4.2
6.9
9.9
11.4
12.4
12.5
12.9
11.1
10.3
9.1
8.7
Source: Data for the period 1981-95 are from the Institute for
Employment Research, Review of the Economy and Employment
(Coventry: 1ER, University of Warwick, 1987), tables Al and
A2 and Review of the Economy and Employment: Occupational
Assessment 1988/89 (Coventry : 1ER, University of Warwick,
1989) table 1; data for the year 1980 are from the Institute for
Employment Research, Review of the Economy and Employment
(Coventry: 1ER, University of Warwick, Summer 1983), table
2.3; data for the period 1949-79 are unpublished, and were
supplied by the 1ER on a comparable basis to those for later
years.
Notes:
TABLE 2
1954
1975
1980
1987
1992
1995
10.6
34.7
6.1
5.5
30.6
6.5
5.3
28.0
6.4
4.2
21.5
6.3
3.8
19.7
6.8
3.6
19.2
6.6
24.7
24.9
26.1
27.1
27.3
27.0
9.1
14.9
100.0
24.3
12.8
19.6
100.0
29.0
14.7
19.6
100.0
29.2
20.2
20.7
100.0
25.6
22.3
20.1
100.0
23.5
20.1
100.0
Sources: Data from Institute for Employment Research, Review of the Economy and
Employment (Coventry: 1ER, University of Warwick, 1989), table 2. Data
for the "public sector" category for 1954 and 1975 are from A.W.J. Thomson
and P.B. Beaumont, Public Sector Bargaining (Farnborough, Hants. : Saxon
House, 1978), 115; the data for 1980 and 1987 are from Economic Trends,
no. 410 (December 1987), 98-107.
Notes:
232
TABLE 3
Males (mlns)
Females (mlns)
Total (mlns)a
Male (% of total)b
Female (% of total)b
1951
1961
1971
1981
1987
1992
1995
13.7
6.8
20.6
66.5
33.0
14.6
7.9
22.6
64.6
35.0
13.7
8.4
22.1
62.0
38.0
12.5
9.3
21.9
57.1
42.5
11.9
9.9
21.8
54.6
45.4
12.3
10.6
22.8
53.9
46.1
12.2
10.8
23.0
53.0
47.0
Source:
Data for 1987, 1992 and 1995 are from the Institute for Employment
Research, Review of the Economy and Employment: Occupational Assessment
1988/9 (Coventry: 1ER University of Warwick, 1988), table 4. Data for 1951,
1961, and 1971 are unpublished and were supplied by the 1ER on a
comparable basis to those for later years.
Notes:
233
TABLE 4
1961
1971
1981
1988
1995
Males
Under 20
20-24
25-44
45-64
65 +
All Ages
83.8
94.9
98.3
95.2
31.1
87.6
74.6
91.9
98.2
97.6
24.4
86.0
69.4
87.7
95.4
93.2
17.6
80.5
72.4
85.1
95.7
85.6
9.2
76.5
77.1
86.1
94.4
80.1
8.0
74.2
77.6
85.7
93.5
81.3
5.6
73.7
Females
Under 20
20-24
25-44
45-64
65 +
All Ages
78.9
65.4
36.1
28.7
5.3
34.7
71.1
62.0
40.8
37.1
5.4
37.4
65.0
60.2
50.6
50.2
6.3
43.9
70.4
68.8
61.4
52.5
3.7
47.6
72.9
71.5
70.9
53.6
2.8
51.1
75.3
73.6
76.7
56.4
2.4
53.6
59.6
60.5
61.9
61.7
62.2
63.3
Before 1971 the age group "under 20" consists of 15-19 year olds,
except for married women for whom it is 16-19 years. From 1981
the age group consists of 16-19 year olds.
Activity rates for 1988 and the projection for 1995 are based upon
the ILO/OECD definition of unemployment, which includes persons
who have no paid work and had looked for work at some stage in
the preceding month. This redefinition has the effect of raising
activity rates for all age groups by about half a percentage point above
the previous definition (used for 1951-81 in above table), which used
a one week reference period for job search activity.
234
TABLE 5
Self-Employment (mlns)
Part-Time Employees (mlns)
Total Employees (mlns)
Self-Employment (% of total
employment)
Part-Time Employees (% of
total employees)
1951
1961
1971
1981
1987
1992
1995
1.64
0.73
:o.55
1.63
1.94
22.57
1.84
3.39
22.12
2.1
4.6
21.9
2.9
5.3
21.8
3.3
5.9
22.8
3.4
6.3
23.0
8.0
7.2
8.3
9.6
11.7
12.6
12.9
3.5
8.6
15.3
21.0
24.3
25.9
27.4
Source: For 1951-71 unpublished data supplied by the Institute for Employment
Research. For 1981, 1987, 1992, and 1995 data are from Institute for
Employment Research, Review of the Economy and Employment: Occupational
Assessment 1988/9 (Coventry: 1ER, University of Warwick, 1988), table 4.
Note:
a. Those working 30 or less hours per week (excluding meal breaks and
overtime).
235
TABLE 6
1951
1961
1971
1980
1990
Manufacturing
Financial and Professional
Services
Miscellaneous Services
All Industries and Services3
43.6
42.4
39.3
38.3
36.8
41.4
40.8
44.4
38.8
39.9
43.0
34.8
35.4
39.0
34.4
33.5
37.4
32.4
31.5
35.4
Source: For 1951-1980 the data are from R.A. Wilson, "Average Weekly
Hours 1948-81", an unpublished paper presented at a conference
on "Hours of Work and Employment", University of Warwick,
16-17 September 1982. The projections for 1990 are from Institute
for Employment Research, Review of the Economy and Employment
(Coventry: 1ER, University of Warwick, Summer 1983), 51-2.
Note:
236
TABLE 7
Total
Manufacturing
2.2
0.3
2.4
2.8
2.5
1.0
5.5
4.8
Market Servicesb
1.8
-0.1
0.9
1.7
237
TABLE 8
% of employees working in
establishments with:
500 and more employees
1000 and more employees
1500 and more employees
1951
1979
1986
44.3
30.8
23.6
54.1
40.9
32.9
42.8
29.7
23.2
Source: For 1951 the data are from Census of Production for 1951:
Summary Tables (London: HMSO, 1956) pt. 1, table 4; for
1979 the data are from Business Statistics Office, Business
Monitor: Report on the Census of Production, 1979: Summary
Tables, PA1002 (London: HMSO, 1982), table 6, and for 1986
from ibid. 1986 (London: HMSO, 1988)
238
TABLE 9
2,000
and over
5,000
and over
10,000
and over
20,000
and over
50,000
and over
Number of
enterprises
1958
1979
1986
469
406
276
180
174
114
74
83
52
32
34
20
8
9
4
Number of
establishments
owned
1958
1979
1986
5805
7911
5985
3788
5242
3810
2224
3446
2269
1398
1995
1313
467
720
295
1958
1979
1986
45.8
55.6
45.1
34.3
44.7
34.9
24.8
34.9
25.4
17.3
24.4
16.1
7.3
12.7
5.9
Source: For 1958, Business Statistics Office, Historical Record of the Census of Production 1907-1970
(London: HMSO, 1978), table 10; for 1979 the data are from Business Statistics Office,
Business Monitor: Report on the Census of Production 1979: Summary Tables, PA1002
(London: HMSO, 1982), table 13, and for 1986 from ibid. 1986 (London: HMSO, 1988),
table 12.
239
TABLE 10
1968
1979
1988
45.2
45.0
44.0
42.7
54.4
53.2
41.4a
55.4
24.3
51.4
27.5
63.1
39.0
50.3
33.0
49.8
32.6
62.5
43.6
Source: G.S. Bain and R.J. Price, "Union Growth", G.S. Bain (ed.),
Industrial Relations in Britain (Oxford: Blackwell, 1983), tables
1.1, 1.2, and 1.3.
Note:
240
TABLE 11
White-Collar
Manual
Female
Male
1948
1968
1979
1985
22.6
77.4
18.1
81.9
31.5
68.5
23.4
76.6
40.3
59.7
30.2
69.8
N.A.
N.A.
30.4
69.6
Source: Derived from G.S. Bain and R.J. Price, "Union Growth",
G.S. Bain (ed.), Industrial Relations in Britain (Oxford:
Blackwell, 1983), tables 1.2 and 1.3, updated from Department
of Employment and TUC data.
241
Ss
*
4^
All
manufacturing
establishments
M etals
M ineral
Products
Chemicals
manufact.
fibres
M etal
Elee. &
Goods, Instrument
mech.eng. Engineering
Vehicles,
Food,
Transport
Drink
equipment & Tobacco
67
32
3
32
69
39
3
27
56
19
6
32
65
36
3
26
71
14
4
53
85
23
54
21
2
31
69
29
2
38
64
33
10
21
48
2
34
58
72
35
147
1
68
79
43
140
3
58
78
37
211
55
66
33
101
51
69
31
239
1
81
93
58
674
19
50
63
26
183
53
60
48
63
20
116
59
76
35
97
Source: N. Millward and M. Stevens, British Workplace Industrial Relations 1980-1984, (Aldershot: Gower,1986), table 3.2
Textiles
108
>
o*
P
K
"
NN
H
>
w
f
*
ho
HH
AU
and
Construc
tion
Wholesale
Retail
Distribu
Distribu
tion Idon Repairs
Hotels,
Catering
Transport
Posts &
Telecom
municatioo
Banking,
Finance &
Insurance
53
39
93
100
83
29
20
47
2
19
3
40
3
16
5
42
3
96
59
23
13
9
56
40
Service
Establish
Water
75
96
71
49
11
31
48
17
47
3
89
3
20
Business
Services
27
Public
Admiras
tion
Education
Medical
Services
Other
Services
99
97
91
Percentage
74
10
87
20
72
13
55
58
88
36
32
34
21
85
95
43
21
78
69
67
Means
49
63
93
42
47
50
25
96
98
34
63
73
57
68
49
55
82
25
19
21
13
58
91
45
14
80
75
65
50
98
180
84
55
97
56
105
132
73
79
134
87
295
78
46
78
16
23
100
100
90
75
60
2
*J
MEMBERS
VICE INDU
t>J
Energy
OSO
v>X
Ha
*>
S
4t
M
25
C/3
HM
H
!
H
>
w
r
tu
TABLE 14
1979
Membership
1988
2,231,216
1,312,853
1,149,664
1,299,224
864,021
793,610
753,226
849,673
691,770
754,701
653,000
635,070
470,017
396,724
347,777
212,930
203,452
260,248
248,896
131,774
125,723
223,884
136,462
154,161
250,042
218,321
197,616
183,213
171,990
168,408
154,410
143,062
125,016
118,394
122,058
180,000
117,610
110,256
244
TABLE 15
S
1339
2419
2832
2354
2116
3906
2228
2922
2080
1330
1338
1528
1352
1206
903a
1074a
1016a
781a
W
303
659
819
874
734
1801
1178
162
4608
834
1513
2103
574
1464
791
720
887
790
D
1389
3781
3024
3295
2787
10980
13551
14750
29474
11964
4266
5313
3754
27135
6402
1920
3546
3702
DAV
4.6
5.7
3.7
3.3
3.8
6.1
11.5
9.1
6.4
14.3
2.8
2.5
6.5
18.5
8.1
2.7
4.0
4.7
% Strikes
lasting less
than 3 days
76.5
81.1
76.7
68.8
65.6
54.9
50.7
42.8
42.0
51.4
55.5
60.1
55.6
51.7
56.9
67.6
66.7
64.8
S
479
636
1166
1614
1722
3746
2093
2736
1782
1028
1036
1125
997
W
161
305
582
756
693
1683
1155
1319
4555
748
1415
1878
441
1128 1183
743a 624
723a 634
720a 790
627a 698
D/W
958
6.0
8.8
4.3
3.3
3.9
5.9
2669
2530
2513
2682
9890
13488
9125
29361
11812
4031
4939
3270
4652
2260
1777
3329
3480
11.7
6.9
6.4
15.8
2.8
2.6
7.4
3.9
3.6
2.8
4.2
5.0
Sources: P.K. Edwards, "The Pattern of Collective Industrial Action", G.S. Bain
(ed) Industrial Relations in Great Britain (Oxford: Blackwell, 1983), table 9.1,
with data derived for 1950 and 1982 onwards by Paul Edwards from the
Employment Gazette.
Note:
S is the number of strikes beginning in each year. W and D are the number
of workers involved and days lost (in thousands) in strikes in progress during
that year. D/W is the number of days lost per worker involved.
From 1985, some classifications of strikes beginning in year are no longer
produced. For figures marked (a) numbers of strikes are numbers in progress.
245
BIBLIOGRAPHY
(ii)
(iii) Incomes Data Services, 193 St. John Street, London EC IV 4LS,
produces IDS Report, which looks at collective agreements, IDS
Brief, which deals with the law, and IDS Study, which produces
reports on a range of topics. It also produces, among other things,
an annual report of developments in the public sector.
(iv) The Labour Research Department, funded largely by trade
unions, produces a monthly publication Labour Research, which
covers many topics of interest to industrial relations practitioners,
and a Bargaining Report, which deals specifically with collective
agreements. It also produces many handbooks providing
information on recent developments to trade union activists and
others.
(v) Personnel Management, published by the Institute of Personnel
Management, covers many topics of interest to personnel
managers and others.
(vi)
(ii)
Lord Wedderburn's classic The Worker and the Law, (3rd ed.,
1986) provides the most thorough single text on British labour
law. In addition, the annotated Encyclopedia of Labour Relations
Law, edited by Robert Apex, is a constantly up-dated guide to
labour legislation and to important cases and judgements.
250
3.
251
INDEX
As the glossary is arranged in strict alphabetical order, this index
complements such an arrangement and should be used in conjunction
with the main entries in the text. As a result it does not include all main
entry terms as indexing terms. This is to avoid wasteful and unnecessary
duplication.
Absenteeism, 2
clocking, 86
rate, 2
Accident at Work see Health and
Safety
Advisory Conciliation and Arbitration
Service, 10
Affiliation, 11
see also Trade Union (union
affiliation)
Agreements
see Collective Agreement
Allowances, 13
London weighting, 407
Apprentice, 19
time served, 721
training, 735
Apprenticeship see Apprentice; Young
Workers
Arbitration, 21
see also Third Party Intervention
Advisory Conciliation and Arbitration
Service, 10
award, 28
board of arbitration, 21
Central Arbitration Committee, 73
grievance arbitration, 279
Awards see also Compensation
protective, 55
Ballot, 30
Code of Practice, 90
postal, 529
strike, 684
voting by hand, 777
Bargaining Structure, 36
see also Collective Agreement;
Collective Bargaining
fragmented bargaining, 253
single table bargaining, 646
Benefits, 40
see also Fringe Benefits; Social
Security
unemployment, 725
Blue Collar Union, 725
Bonus, 52
attendance bonus, 24
Breakdown, 58
Closed Shop, 87
Agreements, 90
union membership agreement, 87
Closed Union, 725
Co-Determination, 91
see also Industrial Democracy
Code of Practice, 90
see also Guidelines
ballots, 90
closed shop agreements, 90
disciplinary practice and procedure,
90
disclosure of information, 90
picketing, 515
time-off rights, 720
Collective Agreement, 92
see also Bargaining Structure;
Collective Bargaining
blanket agreement, 45
breach of contract, 55
cash limits, 67
clause, 82
efficiency agreement, 180
expiry of agreement, 224
fixed term agreement, 243
guaranteed week, 286
maternity leave, 424
mobility clause, 433
mutuality, 445
new technology agreements, 459
no-strike agreement see strike free
agreement 687
no-strike clause, 466
open-ended agreement, 479
253
254
255
Job
analysis, 349
banding, 31
centre see Employment Service
creation, 349
description, 349
deskilling, 146
dual job holding, 172
enrichment, 349
moonlighting see dual job holding
172
regulation, 353
segregation, 355
standard time, 674
Job Evaluation, 352
downgrading, 171
equal value amendment, 217
generic job titles, 266
grade creep, 275
Job Security, 354
core workforce, 125
new technology agreements, 459
Job Sharing, 356
part-time workers, 356
Labour Dispute see Trade Dispute
Labour Law, 378
see also Legal Sanctions
Labour Market
dual, 173
internal, 338
Labour Mobility, 379
see also Flexibility
mobility clause, 433
Lateness, 387
clocking, 86
256
Leave
maternity, 424
of absence, 393
paternity, 494
sick, 639
Legal Enactment, 395
Act of Parliament, 6
clause, 82
statute, 679
statutory right, 680
Legal Sanctions,
see also Labour Law
compensation, 106
contempt of court, 115
damages, 136
fine, 240
injunction, 336
sequestration, 115
Local Government, 404
collective bargaining, 404
contract compliance, 117
contracting out, 121
part time workers, 404
Local Enterprise Companies, 736
Lockout, 406
see also Strikebreaking
stoppage of work, 682
Lump see Sub-Contractor
Management see also Personnel
Management, 414
board, 415
development, 416
foreman (forewoman), 250
golden handshake, 270
industrial relations manager, 330
line management, 402
macho management, 413
managerial prerogative, 417
speed-up, 660
supervisor, 698
unilateral regulation, 751
Manual Worker, 422
multiunionism, 444
Marginal Workers see Atypical
Workers
Measured Daywork, 427
mutuality, 445
standard performance, 672
Mediation, 428
see also Third Party Intervention
Membership
Union, 487
Agreement see Closed Shop
Merger see Amalgamation
257
basic, 495
catch-up increase, 70
ceiling, 72
claim, 81
comparability, 105
consolidation, 111
day, 467
differentials, 148
Equal Pay Act, 215
for measured daywork, 427
going rate, 268
grade creep, 275
gross pay, 495
guarantee pay, 495
incremental payment, 310
layoff pay, 388
lieu rate, 399
low pay, 408
maternity pay, 425
net pay, 495
overtime premium, 485
packet, 500
plussage, 521
premium pay, 495
rate for the job, 571
real earnings, 495
red circling, 579
relativities, 588
retrospective pay, 597
review body, 598
skill differential, 650
standard rate, 673
statement, 346
statutory sick pay, 640
strike pay, 688
take-home, 495
union rate, 762
Pay As You Earn, 496
Payment by Results, 505 see also
Incentive Payment System
ceiling, 72
piecework, 516
rate fixing, 570
standard performance, 672
work study, 792
Payment in Kind, 506
fringe benefits, 259
remuneration package, 591
Pension see Occupational Pension;
State Pension
Performance
appraisal, 18
learning curve, 393
standard, 672
standard time, 674
Peripheral Workers see Atypical
Workers
258
Qualification, 562
genuine occupational qualification,
267
of service, 116
Race Discrimination, 566
Commission for Racial Equality, 96
ethnic monitoring, 221
non-discrimination notice, 567
Recognition, 575
de-recognition, 144
Recruitment and Selection, 578
blacklist, 44
employment agency, 194
union recruitment, 763
Redundancy, 581 see also Dismissal
consultation, 581
golden handshake, 270
last in first out, 385
pay, 581
protective award, 552
Registered Unemployment, 748
Reinstatement see Re-Employment
Religious Discrimination, 589
religious monitoring, 590
Remuneration Package, 591 see also
Payment in Kind
fringe benefits, 259
private health schemes, 537
Restrictive Practices, 593
demarcation, 140
featherbedding, 235
overmanning, 483
rate cutting, 569
Retail Prices Index see Cost-of-Living
Index
Retirement, 596 see also Occupational
Pension; State Pension
lump sum, 412
Right to Associate/Disassociate see
Freedom of Association
Right to Strike, 602
immunities, 304
Safety see Health and Safety
Salary, 608
see also Pay; Wage
review body, 598
Seasonal Unemployment, 748
Seasonal Worker, 615
casual work, 68
Self-Employment, 620
atypical workers, 26
contract for services, 620
contractor, 122
franchising, 254
freelance worker, 257
Seniority, 623
last in first out, 385
promotion ladder, 551
Sequestration see Legal Sanctions
Severance Pay see Redundancy
Service Sector, 626
labour intensive industry, 377
part-time worker, 491
public services, 559
self-employment, 620
temporary worker, 714
training, 735
Sex Discrimination, 158
Shiftwork, 631
twilight shift, 745
Shop Floor, 632
agreement, 92
bargaining, 36
Shop Stewards, 635
combine committee, 95
convenor, 124
time-off rights, 720
Sickness,
benefit, 641
private health schemes, 537
sick leave, 639
sick pay schemes, 640
statutory sick pay, 640
Skilled Union, 725
Social Security, 656
see also National Insurance; Welfare
benefits, 40
child benefit, 656
income support, 308
industrial injury benefit, 328
sickness benefit, 641
state pension, 676
statutory sick pay, 640
supplementary benefit, 308
unemployment benefit, 748
Staff, 663
association, 664
management, 402
manning level, 668
representative, 666
status, 667
State Pension, 676
retirement, 596
Strike, 683
see also Industrial Action; Right to
Strike; Summary Dismissal;
Trade Dispute
ballot, 684
blackleg, 43
constitutional strike, 683
industrial action, 322
injunction, 336
259
260
leap-frogging, 391
minimum, 431
tapering, 706
Wages Council, 780
Agricultural Wages Board, 12
Wages Inspectorate, 781
Wages Policy see Incomes Policy
Walkout see Strike
Welfare, 786
see also Social Security
White Collar Union, 725
Women
employed in local government, 404
equal value amendment, 217
in the service sector, 626
job segregation, 355
maternity leave, 424
occupational pension, 471
part-time workers, 355
retirement, 596
self-employment, 620
Youth Training Schemes, 355
Workers' Participation, 798
see also Employee Involvement
Working Hours, 800
annualised hours, 16
flexible, 247
overtime, 485
premium pay, 495
unsocial hours, 495
Wrongful Dismissal, 807 see also
Dismissal, Unfair Dismissal
damages for, 807
in breach of contract, 55
Young Workers, 808
see also Apprenticeship; Youth
Training
youth unemployment, 748
261
9282626008
SY7091001ENC
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