Strike law and the Trade Union Act 2016


Here is a summary of the key changes to strike law in the Trade Union Act 2016 (TUA 16):


For all industrial action ballots opened on or after 1 March 2017:



• at least 50% of those entitled to vote must participate in the strike ballot and a majority of those voting must vote in favour (see page 174). Paradoxically, this change is likely to increase turnout, since “not voting” now counts as a vote against the strike;



• for strikes in “important public services”, at least 50% of those entitled to vote must participate in the ballot, and at least 40% of those entitled to vote must vote in favour (see page 174);




• period of validity of ballot is limited to six months (or nine months if both sides agree) (see page 180);




• amount of notice of industrial action the union must give to the employer has doubled from seven to 14 days (see page 181), giving employers extra time to prepare;



• the matters in dispute must be “summarised” on the ballot paper (see page 178);




• the type(s) of action short of strike must be specified and the likely length of the action must be indicated on the ballot paper (see page 177);



• new requirement to appoint a picket supervisor willing to give their contact details to the police (see page 182);



• new duty on unions to make an annual report of all industrial action endorsed by the union, added to the existing annual return to the Certification Officer (see page 190); and 


• radical overhaul of the role of the Certification Officer, with wideranging powers and penalties (not yet in force — see Chapter 5).


The 40% ballot threshold for strikes in “important public services” does not apply in Wales in relation to strikes in devolved public services: the NHS, education, local government and the fire service. These thresholds were disapplied by the Welsh Assembly under the Trade Union Act (Wales) 2017, see page 129. 


The TUA 16 does not apply in Northern Ireland.