The Employment Rights Bill was published on 10 October 2024, setting out a wide range of ambitious workplace reforms. For an overview of the Bill, see our ‘headlines’ article.
In this series of ‘bitesize’ articles, we look at different key provisions of the Bill in more detail, consider the implications for employers and explain what the next steps will be.
Trade unions: what does the Bill say?
The Bill includes extensive, detailed provisions dealing with trade unions and industrial action. Once enacted, it will repeal the Strikes (Minimum Service Levels) Act 2023, meaning that the requirement for minimum service levels to be maintained in key public services during periods of strike action will be removed.
In addition, the Bill will repeal many provisions under the Trade Union Act 2016, including removal of the strike ballot minimum thresholds (currently a minimum turnout of 50%, with 40% total membership in favour for key public services). Many of the procedural requirements for a lawful strike ballot, including the level of information provided on the ballot paper, will also be removed. Advance notice to employers of industrial action will revert to seven days, from 14 days currently, and rules on picketing introduced under the 2016 Act will also be repealed.
Trade unions will be granted new rights of access to workplaces under the Bill, with trade unions and employers able to enter into new ‘access agreements’ (on request by the union) for the purposes of meeting, representing, recruiting or organising workers, and facilitating collective bargaining. Existing rules relating to the statutory trade union recognition procedure will be simplified, replacing the current minimum thresholds for making a trade union recognition application and removing the current 40% workforce minimum threshold for holding a recognition ballot.
Trade union representatives will be given greater rights and protections in order to undertake their duties, including the provision of accommodation and facilities, along with strengthened protections against unfair dismissal. New rights will also be introduced for trade union equality representatives.
Employers will be subject to a new requirement to give workers a written statement of their right to join a trade union, at the same time as providing them with a section 1 statement of terms of employment and at other ‘prescribed times’ (to be set out in regulations).
A new protection for workers against being subjected to a detriment for taking part in industrial action will be introduced, following the decision of the Supreme Court in the recent case of Secretary of State for Business and Trade v Mercer in which it was held that the current legislation did not protect such workers from detriment.
The Government has published a separate factsheet, setting out details of its proposals to reform trade union legislation.
What does this mean for employers?
The Bill is likely to make trade union recognition easier to achieve and will remove some of the current hurdles to holding lawful industrial action. It is therefore possible that strike action will become more commonplace within a unionised workforce. Employers that do not currently recognise a union might want to review their current employee engagement and consider alternative mechanisms for representation.
Employers will need to ensure that they comply with the new rules regarding trade union access, protections and facilities for trade union representatives and members, and the requirement to provide a written statement to new joiners.
What are the next steps?
The Government has already published a consultation on creating a modern framework for industrial relations, which closes on 2 December 2024. The consultation seeks views on simplifying the trade union recognition process and strengthening the prevention of unfair practices during the process, simplifying the information provided on ballots and in industrial action ballots, as well as enforcement of workplace access rights.
Further consultations will be necessary, including on the applicable thresholds for statutory recognition and ensuring workers have access to a union, as well as rights and protections for trade union representatives.
Some of the changes under the Bill, including those relating to industrial action as a result of repealing provisions of the Trade Union Act 2016 will take effect two months after the Bill receives Royal Assent.
The Government has also indicated that it intends to set up a working group by the end of 2024 to work on the introduction of electronic balloting, which will be implemented after the Bill has been granted Royal Assent.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2024.