Trade Union Act 2016


Here is a summary of the key changes to industrial action laws contained in the TUA16, which, despite some forced concessions, "remains a serious threat to good industrial relations" (Frances O'Grady, general secretary, TUC). These changes are not yet in force:


• changes to turnout and ballot thresholds, including a new requirement for at least 50% of those entitled to vote to participate in the ballot, and for a majority of those voting to vote in favour. For strikes in “important public services”, at least 50% must participate in the ballot and 40% of those entitled to vote must vote in favour. Paradoxically, some commentators anticipate that these changes may increase balloting turn out, since “not voting” will count as a vote against the strike. The cost and effort required to secure a high turn-out in a postal ballot is also expected to promote alternative ways of protesting, and the increased use of consultative ballots;


• limiting the ballot life to six months (or nine months if both sides agree). This change could reduce settlement possibilities, as some employers may deliberately delay negotiations in order to invalidate the ballot. Unions, in turn, may decide to re-ballot while negotiations are still continuing, especially given the time required for a lawful postal ballot under the rules;


• government commitment on electronic balloting. If implemented, electronic balloting could significantly increase turnout in some sectors, enhancing the strength of the union’s mandate for industrial action;


• doubling notice of industrial action from seven to 14 days. This change will give employers extra time to prepare for strike action, including (if the ban on agency workers is lifted) making arrangements to bring in agency workers to break the strike;


• new requirement to “summarise” the nature of the dispute on the ballot paper. This change is likely to generate more applications for injunctions by employers, especially in complicated or fast-moving disputes;


• new requirements to specify the types of action short of strike, and to indicate the likely length of the action. Again, these new requirements can be expected to generate more injunction applications, as well as undermining the effectiveness of the strike;


• new requirement for a picket supervisor who is willing to give their contact details to the police. This change is widely expected to have a chilling effect on picketing, for the reasons explained above, as well as presenting practical challenges for unions;


• new obligation to make an annual report of all industrial action endorsed by the union. A key aim of this change was to force unions to disown unofficial protests in which their members participate. The obligation is being introduced alongside a radical overhaul of the role of the Certification Officer, with new investigation powers and the ability to impose large financial penalties on unions.


The government has already indicated that it will use secondary regulation to lift the ban on using agency workers to break strikes.