The Trade Union Bill
Key Proposals:
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Increase ballot thresholds for lawfully taking industrial action
•
Time limits for strike mandates
•
Allowing Employers to hire agency workers during strike action
•
Union supervision of picketing
•
Information to the Certification Officer about industrial action
•
The requirement of public sector employers to publish information on the facility
time of trade union representatives
Current status of the Trade Union Bill:
The Bill passed its first reading and is now at Committee stage
Ballot Thresholds for taking industrial actionThe Government’s proposals are to:
•
Require a 50% turnout from those entitled to
vote in the ballot
•
In ‘important’ public services a 40% majority of
those voting is required for industrial action to
lawfully take place
Issues arising
•
Under these proposals a worker abstaining is considered to be voting
‘no’ to taking industrial action
•
The Government refuses to compromise by allowing electronic
balloting
•
Teachers will be considered to be providing ‘important’ public
services and therefore subject to the higher turnout requirement
•
A two tier workforce? It will be more difficult for teachers to exercise
their right to take industrial action. This may be contrary to the UK’s
treaty obligations under the UN’s ILO Convention and European Social
Chapter, which requires public sector workers to be given the same
political and civil rights as other workers
•
What will the impact be on a profession mostly made up of women?
The Government has not carried out an equality impact assessment
yet. This is despite the fact that the Bill is going through Parliament
Time limits for strike mandates
• Regardless of whether strike action is continuous or
discontinuous trade unions will need to re-ballot
members after four months
Issues arising:
• This will be a considerable burden on trade unions who
have balloted to take industrial action over the course of
the year, and no attempt has been made by the employer
to resolve the issues or if talks break down
Allowing employers to hire agency workers to replace
workers taking industrial actionCurrent legislation:
• Under the Conduct of Employment Agencies and
Employment Business Regulations 2003 it is unlawful for an
employment agency to supply agency workers to cover the
work of those taking industrial action. This provision has
been on the statute books since 1973.
The Government’s Proposals:
• Regulation 7 of the Employment Agencies Regulations will
be amended to allow employers to hire agency workers to
cover the work of workers taking industrial action
Issues arising:
• Will supply teachers be required to cross a picket line?
• Will those refusing to cross a picket line suffer victimisation by agencies
refusing to offer them any work in the future or schools unwilling to hire
them? There is no mention of this issue in the Bill or amended Regulations
• The proposal may cause distrust between an employer and workers when
they should be trying to resolve a workplace dispute. It is divisive and
undermines good industrial relations.
• Is it workable? Are there enough qualified supply teachers to cover the
work of those teachers taking industrial action?
• Do employment agencies want to get dragged into an industrial dispute by
providing workers during a strike? Large employment agencies across the
European Union have signed agreements with trade unions not to supply
workers during industrial action. There is a reason for this, to promote
good industrial relations.
Union supervision of picketingCurrent legislation:
•
Code of Practice for workers on a picket line, for example, 6 employees on a picket line
at any given time.
•
Civil and criminal laws to protect non-striking staff and employers from intimidation.
•
The Government’s proposals are:
•
Require a trade union official to act as a picket supervisor. He/she must be clearly
identifiable by wearing an arm band.
•
The picket supervisor must carry a letter of authorisation.
•
The police or any third party can ‘reasonably’ ask to see the letter of authorisation.
•
14 days prior to the picket the employer must be informed of the number and identity of
those attending the picket, and whether they will be using banners and loud hailers.
•
Trade unions will be required to disclose their plans for the use of social media in
relation to industrial action
Penalties:
•
Failure to comply with the above may result in a fine up to £20,000 (enforced by the Certification
Officer) against the trade union involved in the industrial action, or an employer applying for a High
Court Injunction to stop a trade union taking industrial action.
Issues arising:
•
Will the Government protect the picket supervisor or members identified as attending the picket line
from victimisation or blacklisting? The Government has not addressed this issue at all.
•
What if there is a technical breach of the provisions? Will the union still have to pay up to a fine of
£20,000 or get involved in expensive injunctive relief litigation against an employer who has much
deeper pockets?
•
The provisions have been widely criticised as potentially breaching workers’ rights to the freedom of
assembly and freedom of association under the European Convention on Human Rights. The
Conservative MP, David Davies, described the provisions as ‘something from Franco’s Spain’
Will the police wish to get dragged into an industrial dispute? Is it a good use of police resources to
enforce technical breaches such as a failure to produce a letter of authorisation?
•
•
Is there a risk of stirring up trouble or antagonising people if the police or anyone else demands to
see the letter of authorisation? What if it’s a third party trying to antagonise the picket line?
Information to the Certification Officer about
industrial actionCurrent legislation:
•
The Certification Officer is the regulator for trade unions and employer groups.
•
The Government’s proposals-
•
Trade unions will need to report on industrial action it has taken, details of
ballots, campaigns using social media and any injunctions taken against it.
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Ensure trade union officers are trained on the new provisions
•
The Certification Officer will have powers to increase the levy it charges to trade
unions for funding its work
•
Impose fines on trade unions for failing to comply with the provisions of the Bill
Issues arising:
• This will result in a significant financial and administrative burden
for trade unions having to comply with the new provisions
• Why is the Government seeking to tangle trade unions in red tape?
The information required to be reported will already be in the
public domain, such as court cases/injunctions or campaigns on
social media.
• The Certification Officer is likely to significantly raise the levy to
cover all the extra duties/powers it now has under the Bill. The
Government expects trade unions to foot the bill.
The requirement of public sector employers to publish
information on the facility time of trade union representatives
The Government’s proposals• Public sector employers, including employers who carry out public
functions such as academy schools, will be required to publish details
about:
•
how many employees are on facility time
• how much time is spent on facility time
• the total pay bill for those on facility time
• what duties are undertaken during facility time
• The facilities provided by a public sector employer for those on facility
time
Issues arising:
• The Government reserves the power to introduce secondary legislation
requiring public sector employers to amend the pay bill, time and facilities
provided to for those on facility time.
•
• This is designed to try and turn public opinion against trade unions, ‘why is
the tax payer paying for trade unions to carry out their work’.
•
• Who will this benefit? If facility time is reduced/removed who will
represent employees at disciplinary and grievance hearings? Who will
negotiate with the employer in relation to collective bargaining matters?
•
• The provisions are likely to erode the rights of employees to trade union
representation.
•
• Employers may not welcome these provisions as it will make managing
industrial relations more difficult.
•
• Employers may use this as an opportunity to renegotiate facility time for
trade union activities, as well as duties.