Fact Service March 2017

Issue 9

Trade Union Act regs come into force


Regulations covering the provisions in the vindictive 2016 Trade Union Act have now come into force.


From 1 March, higher ballot thresholds must be met before trade unions can proceed with industrial action, particularly in relation to “important public services”, will come into force. If the majority of those balloted perform one of the important public services specified in the regulations, at least 40% of those eligible to vote must approve the industrial action. These services are education, fire, health, transport and border security, which are further defined in the relevant regulations.


The Act will also require unions to give employers a minimum of 14 days’ notice before industrial action rather than the previous seven days. It also sets a six-month time limit — which can be increased to nine months if the union and employer agree — for industrial action.


On other matters relation to the Act, Sir Ken Knight has started gathering evidence for his independent review of electronic balloting for industrial disputes. The consultation closes on 11 May.


The links below take readers to the legislation, regulations, codes of practice and the Knight review.


www.legislation.gov.uk/ukpga/2016/15/contents

www.legislation.gov.uk/uksi/2017/139/pdfs/uksi_20170139_en.pdf

www.legislation.gov.uk/uksi/2017/136/contents/made

www.legislation.gov.uk/uksi/2017/135/contents/made

www.legislation.gov.uk/uksi/2017/133/contents/made

www.legislation.gov.uk/uksi/2017/132/contents/made

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/594781/Code_of_Practice_on_Industrial_Action_Ballots_and_Information_to_Employers.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/594788/Code_of_Practice_on_Picketing.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/595547/CfE-E-Balloting-1-March.pdf