In July last year, the Government launched a review of a landmark piece of legislation from its first term in office – the Employment Relations Act 1999. Although a review had been promised in the Fairness At Work White Paper, which heralded the Employment Relations Act, its announcement last summer caused consternation among many employers’ groups. Organisations such as the CBI were deeply concerned that the review is taking place far too early to be effective. The worry was that further complicating an already complex system would increase the burden on employers at a time when they were facing significant change in other areas of employment law.
The main focus of the public review has been to consider how well the procedures for the statutory recognition and de-recognition of trade unions are operating. These procedures were the centrepiece of the Act and, although they were initially met with scepticism from employers and unions alike, they are now accepted to be working well. They have undoubtedly encouraged parties both to engage in dialogue and enter into voluntary agreements, rather than risk being forced down the statutory recognition route.
