Trade Union Act 2016
The Trade Union Act 2016 establishes a new 50% minimum voter turnout threshold for industrial action ballots, while preserving the requirement for there to be a simple majority of votes in favour of industrial action. In the "important public services" (transport, health, border security, fire and education), there is an additional requirement that 40% of all those entitled to vote in the ballot must support the industrial action. These thresholds apply to any ballot opened on or after 1 March 2017.
The other main provisions in the Act, including in relation to the supervision of picketing, the expiry of mandates to take industrial action, the increase in the amount of notice of industrial action to be given and the requirement to opt in for contribution to the political fund, also came into effect on 1 March.
The requirement to record the cost of providing facilities and time off for union duties in the public sector took effect on 1 April 2017. Also relating to the public sector, draft Regulations on the check-off process are due to come into force on 10 March 2018.
Employment law manual
- Trade union and industrial action > Handling industrial action > The requirement to hold a ballot
- Trade union and industrial action > Picketing > Picket supervisor
- Trade union and industrial action > The consequences of trade union recognition > Public-sector requirement to publish facility time
Policies and documents
- Trade union recognition agreement
- Facilities and time off for trade union duties and activities agreement
- Trade union balloting rules take effect on 1 March
- Electronic balloting for industrial action to be independently examined
Audio and video
- Is it possible to gain an injunction to prevent industrial action?
- Where employees take strike action, can their employer hire temporary staff to cover their work?