The Government have published the Trade Union Bill designed to meet its manifesto commitment to introduce reforms to strengthen strike laws. Under the Bill there will be: (i) a 50% threshold for ballot turn-out; and (ii) an additional threshold of 40% of support to take industrial action from all members eligible to vote in the key health, education, fire, transport, border security and energy sectors, together with the Border Force and nuclear decommissioning. The Trade Union Bill will also:
– set a 4 month time limit for industrial action so that mandates are always recent;
– require a clear description of the trade dispute and the planned industrial action on the ballot paper, so that all union members are clear what they are voting for;
– extend the notice to be given to employers of industrial action from 7 days to 14 days;
– require trade unions to comply with additional requirements when supervising picketing (see Clause 9 (2));
– require some or all public sector employers with one or more trade union representatives to publish information relating to time off taken by those representatives for trade union duties and activities;
– create a transparent process for trade union subscriptions that allows members to make an active choice of paying into political funds; and,
– enhance the regulatory role of the Certification Officer to ensure robust and effective regulation of trade unions.
Consultations have also opened on the proposed introduction of a 40% threshold for important public sectors (see above), reforming and modernising the rules and code of practice on picketing to tackle the intimidation of striking workers; and, for the repeal of a ban on the use of agency workers during strikes.
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
