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Update: Trade Union Act 2016 – the democratic way to strike

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Katy Wedderburn

MacRoberts partner Katy Wedderburn updates SLN readers on the Trade Union Act 2016.

The Trade Union Act 2016, which came into force on 1 March 2017, aims to “protect millions of people from the effect of undemocratic strike action”. The act establishes that before unions can call an official strike there will have to be:

1. 50 per cent turnout of eligible union members; and

2. A majority of union members voting in favour of the strike action.

If these requirements are not met then the industrial action will not be protected by law and if it proceeds then it can be stopped by an interdict.

Additionally, in public services including in the health, education, fire, transport and border security sectors there is an additional threshold of 40 per cent of support from all eligible members which must be met for the action to be legal.

Unions are now also required to:

  • Provide employers with a minimum of 14 days’ notice before industrial action occurs, this has been increased from the previous requirement of seven days;

  • Ensure that industrial action occurs within six months to ensure that the mandates are always recent;

  • Provide clearer and more detailed information to members so they know exactly what they are voting for;

  • Report more detailed information regarding the industrial action and the ballot results;

  • Ensure peaceful industrial action by supervising picket lines; and

  • Implement an opt-in system for new members to contribute to that union’s political fund within 12 months.

    • These provisions are aimed at ensuring that if strike action does go ahead it will only be as a result of a clear democratic decision from union members, rather than an impassioned minority.

    The aim of the act is to reduce the amount of time and money lost due to industrial action. The UK government propose that it will prevent more than 1.5 million working hours being lost to strike action each year and boost the economy by £10 million a year.

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