The Deregulation (Deduction from Pay of Union Subscriptions) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order substitutes section 68 and amends section 68A of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), as substituted by the Trade Union Reform and Employment Rights Act 1993.

Under section 68 of the 1992 Act, employers must ensure that no deduction of trade union subscriptions direct from pay is made unless the worker concerned has given his or her written authorisation. Article 2 of the Order removes the restrictions whereby such authorisations remain valid for a maximum period of three years, and employers may not increase the amount to be deducted unless they have given written notice at least a month in advance to the worker affected. Section 68A, which makes provision for complaints that section 68 has been contravened, is amended accordingly.

Article 3 of the Order makes transitional provision for authorisations given under section 68 before the coming into force of the Order. It provides that such authorisations will be treated as given under section 68 as amended by the Order if the employer of the worker concerned gives the worker a notice to that effect (in the form set out in the Schedule to the Order), and the worker does not give notice to the contrary within fourteen days of receiving it.