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Trade Union Act 2016 now in force

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Key provisions of this Act came into effect on 1st March, tightening up the law on protected industrial action in a number of ways, the key points to note are:

  • For a strike ballot to protect industrial action, as well as the ballot showing majority support, there needs to be a turnout of at least 50% of those entitled to vote. This could lead to the possibility that a high minority ‘no’ vote might actually validate a ballot for a strike by raising the turnout!
  • With important public services e.g. health, transport, fire services, education of under 17“s, there is an additional requirement that a ballot on industrial action must be supported by at least 40% of the eligible workers. For example in a workforce of 100, instead of 26 voting in favour, with 24 against and 50 abstentions sufficing for the majority, there would need to be 40 in favour in the majority, with 10 to 39 against.
  • Unions will have to give employers 14 days’ notice of industrial action, up from 7 days.

Comment: We have seen more strike action over the last couple of years affecting things like workers getting to work in London, junior doctors across the country cancelling operations — all of which as a major impact on business and the economy as a whole. These measures go a little way to ensure if action is taken it is taken in the right manner.



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