The Trade Union Act was passed in May 2016 and regulations implementing central parts of the Act came into force on 1st March 2017. But what does it mean going forwards? Will it help prevent strikes similar to those we’ve seen over the past few months?
Why the Trade Union Act?
The Trade Union Act was brought into act to help address the perception that disruptive strikes were being called by unions despite low levels of support from members. Something that has been seen particularly in transport and other public services over the past few months.
As regulations, updated codes of practice and guidance are being rolled out, the areas is not standing still. Changes are on the way and there are some key ones to be aware of now that the Act is in force.
Information, notifications and expiry of the ballot mandate
New rules require unions to include more detailed information on the ballot paper sent to members. This information much include a summary of the dispute in enough detail that members can understand the issues and what action is planned. Unions must supply any affected employer with a copy and employers will be able to check the appropriate information is now included.
When the results of the ballot is released, unions must now inform all eligible voters. They must release information about the votes and individuals from a checklist provided.
In regards to industrial action, a union must give notice to an employer that fits an extended period of 14 days (or seven if agreed by union and employer). The authorisation for industrial action given by a ‘yes’ vote will now have an expiry date. After six months from the date of the ballot, unions will be required to re-ballot members in order to stage further action.
New turnout thresholds
One of the main aims of the new Trade Union Act, and one that will bring the biggest changes, are new measures to prevent unions from taking action when a small number of members have responded to the ballot. Now, in order for the ballot to be valid, at least 50% of all those entitled to vote must now do so for any resulting action of the ballot to be authorised.
Future developments
While regulations came into force on 1st March 2017, the 12-month transition period for changes to union political funds will have little practical effect until next year. From now, unions must include detailed information about political expenditure and the Government will have the ability to regulate union facility time.
There are still a lot of questions and changes on the horizon for the Trade Union Act and it may be a while before we see final decisions made in court.
For more information, visit http://79.170.40.162/enlightenhr.com or contact Alison Benney:
alison@enlightenhr.com
Tel: 01803 469466
Mobile: 07967221595