05 May 2016
On 4 May 2016 Parliament passed the Trade Union Act 2016. This was a measure designed to amend the rules regarding trade unions and industrial action in some important respects. During the Bill’s passage through Parliament some of the provisions were relaxed (and some dropped completely) and there was considerable debate as to whether the provisions were really necessary.
Nevertheless change in this area was part of the Conservative Party’s manifesto. The law in this area is complex with important requirements that trade unions need to follow in order to secure the limited protection that the law provides. The key changes introduced by the new measure include:
- A requirement for at least a 50% turnout in votes for industrial action (which is a new provision)
- That in certain public services, including in the health, education, transport, border security and fire sectors, an additional threshold of 40% of support to take industrial action from all eligible members must be met for action to be legal
- A 6 month time limit (which can be increased to 9 months if the trade union and employer agree) for industrial action
- That the ballot paper should include a clearer description of the trade dispute and the planned industrial action so all union members are clear what they are voting for
- A transparent process for trade union subscriptions that allows new members to make an active choice
The new rules will be brought into force in due course (by secondary legislation).
Specialist employment law advice should always be sought in this area to ensure that the complex provisions have been followed. Failure to comply with the law could result in litigation, potentially including interdict (an action to stop certain types of action) or damages (for any losses sustained). Care is needed. Strike when the iron’s hot…
To discuss further please contact one of our BTO employment lawyers on 0141 221 8012.