Speaking at the Eversheds Labour Relations Conference, Dr Bentley outlined how the workplace has seen some fundamental changes over the past 30 years, with a move towards more flexible, individualised relationships between employees and employers.
He argues that this has posed a big challenge to companies when it comes to improving management, employee information and consultation and their understanding of diversity.
Similar challenges face Trade Unions, yet the rules governing industrial relations remain based on a model that’s now three decades old.
According to Dr Bentley, democratisation and modernisation is necessary so that individual Trade Union members are in charge.
“The world of work has changed beyond all recognition in the past 30 years,” explained Dr Bentley. “Put simply, work today is more flexible, more dynamic, more dependent on technology and less hierarchical than it has ever been. For businesses, this means really getting our heads around how to engage with employees as individuals and what they want from work. As a management challenge this is significant – it requires a whole new approach.”
Challenge for the Trade Unions
On the challenge ahead for Trade Unions, Dr Bentley said: “In many workplaces, Trade Unions continue to play a constructive and important role, but I’m not going to sugar-coat it and say that all is rosy in the garden. If firms have to engage with people as individuals, the role of collective representation must also change to reflect employees’ wishes.”
He added: “While employment law has been transformed, Trade Union laws have not moved on at the same speed. The current rules are largely unchanged and were crafted for a very different industrial relations landscape in the 1980s. Too often they empower union leaders at the expense of employees. What we seek is democratisation and modernisation of the law – bringing it up-to-date with the modern workplace by empowering individual members.”
Further, Dr Bentley stated: “A union that succeeds in this environment will be one that parks class war at the door and delivers for its members the way the GMB did at Ellesmere Port. By contrast, PCS at Heathrow on the eve of the Olympics were ready to strike despite the fact that only 11% of those balloted voted for it. This type of disproportionate behaviour is not without consequence in a world where our constructive employee relations have to be a source of competitive advantage for the UK.”
Modernising and democratising the law
During his speech, Dr Bentley highlighted a series of recommendations to modernise and democratise Trade Union law:
- Ensuring Trade Union representation is the result of a positive choice by the workforce as a result of requiring that a vote is always held in cases of statutory recognition, and by refreshing the mandate every three years by putting it to a vote if the employer requests this
- Ending the practice of aggregate balloting – in which a Trade Union ballots different workforces with different employers over the same issue (which denies an individual workplace their voice and allows them to be overridden by the views of another workforce)
- Being clear about the causes of a dispute by including a statement from the employer and the Trade Union along with the ballot paper, and clearly stating the nature of the action that will be taken in the event of a Yes vote (and the consequences of this)
- In long-running disputes, where direct contact would lead to a settlement that both parties are happy with, allowing employers to offer pay settlements directly to their employees rather than having to go through Trade Union representatives where they were obstructing a reasonable deal that was in employees’ interests
Challenges for the coalition Government
On the challenges ahead for Government and the CBI’s recommendations, Dr Bentley commented: “Making sure that the regulatory framework keeps pace with developments in the workplace is the Government’s job. Policies should push both employers and employees’ representatives to make decisions that are good for the long-term health of the firm and the economy.”
In conclusion, Dr Bentley stated: “These changes are simple, and would underpin positive improvements in the way that employers, Trade Unions and employees work together, in turn leading to closer co-operation and engagement. Like the changes of behaviour the new employment relationship requires of employers, they will put the ordinary member in charge.”