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Trade Union Act 2016

Contents

Overview of the Act

  1. The Act amends the Trade Union and Labour Relations (Consolidation Act) Act 1992 as follows:
    • sections 2 and 3 set out the requirements for minimum ballot thresholds - a 50% turnout in all industrial action ballots, and a 40% support requirement in favour of industrial action for specified important public services in six sectors;
    • section 4 requires an independent review on the delivery of secure methods of electronic balloting in relation to industrial action ballots and for the Secretary of State to publish a response to the review. It also provides for a piloting scheme;
    • sections 5 to 7 set out information requirements relating to industrial action: the information that must be included in the ballot paper; and information to be given to union members and to the Certification Officer following a ballot;
    • sections 8 and 9 specify the arrangements for the timing and duration of industrial action. Section 8 requires two weeks' notice of any action to be given to an employer unless the union and the employer mutually agree to 7 days' notice. Section 9 provides that a ballot mandate for industrial action expires after six months or after nine months where there is a mutual agreement between the employer and the union;
    • section 10 sets out requirements on unions for the supervision of picketing;
    • sections 11 and 12 concern political funds. Section 11 provides that persons who join a trade union after commencement shall be required to make an active choice before contributing to a union's political fund. Section 12 places requirements on unions to include details of expenditure from political funds in the union's annual return to the Certification Officer;
    • sections 13 and 14 create regulation-making powers in respect of paid time off for trade union duties and activities in the public sector;
    • section 15 restricts the deduction of union subscriptions ("check off") from wages by relevant public sector employers where:-
      • workers do not have the option to pay subscriptions through other means and;
      • arrangements have not been made for a union to make reasonable payments to the employer for the making of those deductions. 

      There is a regulation making power to specify who is a relevant public sector employer;

    • sections 16 to 21 set out new investigatory powers and sanctions available to the Certification Officer and new arrangements for funding the Certification Office.
  2. In addition section 4 does not amend legislation but introduces a provision which requires the Secretary of State to commission an independent review into industrial action ballots.

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