Labour Government to Repeal Trade Union Act 2016 

The government has stated that they will repeal the Trade Union Act 2016, which was one of the promises contained in their ‘Plan to Make Work Pay’.

In summary, the Act introduced a series of measures to regulate and restrict the activities of trade unions, particularly in relation to industrial action (‘striking’). Key provisions include:

1. 1. 1. Longer Notice Periods – Unions must give employers 14 days’ notice before any industrial action can take place
      2. Higher Ballot Thresholds – At least 50% of eligible union members must participate in the vote. In essential public services, including health, education, and transport, at least 40% must vote in favor;
      3. Expiry of Mandates – The mandate for industrial action expires after six months, or nine months if both parties agree. This means that if the industrial action is to continue after the expiry, a new ballot would be required to continue;
      4. Restrictions on Picketing – The Act introduced strict regulations on picketing, including the requirement for a union to appoint a picket supervisor, and provide their contact details to the police; and
      5. Union Membership Records – Unions must maintain accurate membership records, with provisions for independent scrutiny.

The above measures have caused a lot of controversy since they were introduced, with unions arguing that this is preventing employees from having the right to strike. The counter argument is that the rules help prevent disruption in the country.

Labour pledged to repeal this act within their first 100 days of office, which gives them until 12 October 2024 to fulfil this promise.

Key takeaways for employers

• • • Employees cannot be dismissed for striking, as long as the action is organised correctly, and the strike does not last longer than 12 weeks. An employee will be able to claim for automatic unfair dismissal claim if they are dismissed for striking.
    • Once this Act is repealed, employees will be able to undertake industrial action more easily.
    • An employer does not have to pay an employee for any days they take off whilst striking.

If you require any advice regarding employees taking industrial action, please get in touch with our Employment Team.