Trade Union Act in force in March 2017

A number of provisions of the Trade Union Act 2016 are coming into force on 1st March 2017. 

Strikes and industrial action have been a hot topic recently. Post Office workers, baggage handlers and check-in staff at airports and train workers have all staged walkouts in the last few months, causing widespread media coverage and grumbling and dissatisfaction from those trying to use their services.

In brief, the most notable provisions coming into effect are:

New ballot thresholds for industrial action

Currently the law only requires a simple majority for a ballot for industrial action to be successful, but it does not set out the turnout. Under this Act, at least 50% of eligible members must turn out for an industrial action ballot, with a majority being in favour of industrial action. Additionally, in the event that the industrial action affects important public services, 40% of all those entitled to vote must vote in favour.

Notice

Employers must be given two weeks’ notice of industrial action, rather than the current 7 days.

Picketing

In order for picketing to be lawful, the Union must appoint a “picket supervisor”. This supervisor must be an official or other member of the Union who is familiar with the provisions of the Code of Practice of Picketing.

Restrict the mandate for strike action

Currently, industrial action needs be called within 4 weeks of the date of the ballot (8 weeks if this has been agreed by the trade union and employer). As long as this occurs, there is no deadline on how long the ballot remains live.

This new Act says that that ballot mandates will expire after 6 months (this can be extended by a further 3 months with the agreement of the employer). After these deadlines have expired, a new ballot will be required.

Information requirements

The Act also sets out information that needs to be on the ballot paper, given to union members about the result and provided to the Certification Officer.

To find out more about these provisions and how they affect your business or organisation, call our Employment Law Advisers for easy-to-follow advice and guidance.

Director of Legal Services

James Tamm

Whether you’re facing an immediate challenge or just want the reassurance of an expert second opinion, we’re here to offer clear, commercial advice so that you can focus on what you do best.

Our live Client satisfaction rating is currently:

Last Updated:

Urgent Issue?

Why not take a look through our library of carefully created Employment Law documents and templates to see if we have what you need?

Let's start talking on 0345 226 8393 or complete the form below.

More From EW

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Combating coronavirus | FREE advice and resources for employers

Our Coronavirus Advice Hub is open now. Get instant access to regularly updated guidance, sample policies, template risk assessments and more.
 
Click to explore what’s available.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Hi, how can we help?
Click the button below to chat to an expert.

Is Your Business Based in Scotland?

Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…
 
Click to explore what’s available.
Error: Embedded data could not be displayed.
Read our Privacy Policy.