Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guernsey

The Committee notes the Government’s reply to the 2023 observations of the Trade Union Confederation (TUC) alleging obstacles to the exercise of the right to collective bargaining.

Compulsory arbitration. The Committee notes the Government’s indication, as a reply to the 2023 ITUC observations, that section 3(2) of the Industrial Disputes and Conditions of Employment (Guernsey) Law 1993 provides that, in the event of the failure of conciliation, the Industrial Disputes Officer (IDO) may submit the dispute to the Industrial Disputes Tribunal (IDT) for arbitration. It also notes that in accordance with section 5(1)(a), the IDT can make a legally binding award, and that such awards are enforceable unless successfully challenged by judicial review before the courts. The Committee recalls that compulsory arbitration in the case that the parties have not reached agreement is generally contrary to the principles of collective bargaining. In the Committee’s opinion, compulsory arbitration is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis. (2012 General Survey on the fundamental Conventions, para. 247). The Committee requests the Government to take the necessary measures to ensure that compulsory arbitration can only take place in the aforementioned situations. It requests the Government to provide information on any progress made in this respect.

Article 4 of the Convention. Promotion of collective bargaining in practice. The Committee notes the Government’s indication that trade unions are not legally recognized in Guernsey and that, consequently, there is no official register of collective agreements. It also notes that the Employment and Equal Opportunities Service (EEOS) provides free impartial advice and conciliation in relation to collective disputes. Emphasizing the importance of having available statistical data in order to be able to evaluate more accurately the need to promote collective bargaining, the Committee hopes that the Government will soon be in a position to indicate the number of collective agreements concluded, the sectors concerned and the number of workers covered. It also requests the Government to continue providing information on any measures taken to promote the full development and utilization of collective bargaining, in accordance with the Convention.