The creation of the Trade Union Act in 2016 was mooted as the most radical change to trade union laws since they were introduced. Although the law has been enacted since May last year, employers have been waiting for the provisions to come in to force. From 1st March 2017, the following parts of the law will take effect:
- The law introduced a minimum turnout requirement of at least 50% for ballots. This means the majority of those who are affected by strike action will have to turn out to enable lawful industrial action.
- In addition to the turnout requirement, strikes in important public services will need at least 40% of those who can vote to actually vote in favour of the action. This change will ensure that strikes which have a significant impact on public services can only take place with a large amount of support from members.
- A separate regulation defining important public services will also take effect. These services include medical, transportation, education, firefighting and border security.
- From this date, employers will have to be given a minimum of two weeks’ notice of industrial action taking place, unless they agree to 7 days’ notice with the union.
- Once a successful vote has been cast for industrial action, strikes will have to take place within six months of the date of the ballot. This can be extended to nine months if agreed by the employer.
These changes are likely to reduce the number of strikes that your client will face going forward. Trade unions will have to make sure they can meet the turnout, and support, thresholds before starting ballots for action. The increase in notice will also allow your client to take action before the strike to reduce the disruption to their business. They will receive more time to speak to customers or take on fixed term staff.
