The first change to employment legislation by the new Government in its first 100 days has been confirmed: the Trade Union Act 2016 is to be repealed in October this year.

The Act, which was first implemented in March 2017, stated that at least 50% of union members had to take part in a strike ballot for any subsequent industrial action to be lawful. They didn’t have to vote in favour of strike action, they just had to take part in the ballot. Once the Act is repealed, there will be no threshold to reach and trade unions will be free to commence strike action even without a majority of union members in favour of it.

The Trade Union Act also placed an additional threshold of 40% of support by union members for industrial action in key sectors such as health, education, transport, border security and the fire service, for strikes in these sectors to be lawful. Employers in the sectors have apparently been told by government ministers not to enforce the minimum service levels set under the Trade Union Act between now and when the Act is repealed, according to a policy document seen by the BBC.

This announcement sets the tone for the future of industrial relations under the Labour government. The Labour Party had argued when in opposition that the Act was an attack on the right to strike, enshrined in the Human Rights Act and has pledged to work towards “a new era of partnership between unions, employers and government”.

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So what does this mean for employers?

The Government has said it intends to make it easier for unions to operate, recruit members and to be able to seek official recognition from employers. Although union membership in the UK has dropped in the last few years, from 32.4% of employees in 1995 to 22.3% in 2022, a greater legislative focus on union and employer relationships is likely to see that percentage start to increase again.

For those employers who already recognise unions, it’s time to review the current working relationship to ensure it’s a true partnership, where regular meetings are held for constructive planning on a range of issues affecting employees. For businesses (and HR practitioners) with little or no previous experience working with unions, now is the time to start researching those unions that may be relevant to your sector or company and planning for the day when you’re asked about the possibility of recognition for your employees.

If you would like assistance in preparing your business for this change, please do get in touch with us today.

Photo by Marcin Nowak on Unsplash