The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024.

(2) These Regulations come into force on 9th May 2024.

(3) These Regulations extend to England and Wales and Scotland.

(4) In these Regulations “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Persons deemed to be public authorities

2.  Any body or other person which—

(a) is listed, or of a description listed, in the Schedule, and

(b) is not a public authority,

is to be treated as a public authority for the purposes of section 116B of the 1992 Act.

Crown employees: entity to be treated as an employer

3.  For the purposes of section 116B of the 1992 Act, a public authority that is an emanation of the Crown is to be treated as the employer of a person who is employed by the Crown under or for the purposes of that authority.

Relevant public sector employers

4.  The following are specified as relevant public sector employers for the purposes of section 116B of the 1992 Act—

(a) any department of the Government of the United Kingdom, other than the Secret Intelligence Service, the Security Service and the Government Communications Headquarters;

(b) the Scottish Ministers;

(c) any public authority specified, or of a description specified, in the Schedule;

(d) any body or other person which is to be treated as a public authority for the purposes of section 116B of the 1992 Act in accordance with regulation 2.

Consequential modification of contracts of employment and collective agreements

5.—(1) A relevant document is to be treated, on and after 9th May 2024, as if it prohibited any deduction from workers’ wages in respect of trade union subscriptions otherwise than in accordance with section 116B(1) of the 1992 Act (restrictions on deductions of union subscriptions from wages in the public sector).

(2) Nothing in this regulation affects—

(a) any right or obligation arising in connection with anything done, or any omission made, before 9th May 2024, or

(b) the enforcement of any such right or obligation.

(3) In this regulation “relevant document” means a contract of employment or a collective agreement which, immediately before 9th May 2024, contained a provision permitting or requiring a specified public sector employer to make deductions from its workers’ wages in respect of trade union subscriptions.

(4) For the purposes of paragraph (3) “specified public sector employer” means any person or other body specified in regulation 4.

John Glen

Minister for the Cabinet Office

Cabinet Office

7th February 2024