Employment Law Update September 2015

Employment Law Update September 2015

You may have already heard that a reform of Trade Unions is likely during this Parliament. This may happen sooner than we think, as the governments Trade Union Bill passed its second reading in the House of Commons this month.

Key changes proposed

  • Industrial action will only have a legal mandate if a minimum 50 per cent ballot turnout is achieved
  • Tougher requirements for unions representing key services such as health, education, fire, transport, border security and energy sectors. In these sectors it is proposed that action will only be legal if 40 per cent of all members eligible to take part in the ballot vote in favour
  • Changes to picketing rules are proposed. The government suggest this will create ‘safeguards’ to ensure non-striking members of a workforce are able to go about their business without fear of intimidation
  • A four-month limit for action after any vote to ensure that the mandate remains timely
  • A lift of the current ban on using agency workers to break strikes

Initial responses

There has been a mixed response to the proposals:

Not surprisingly, the Trade Unions are going to fight the proposed reforms as the bill continues to pass through Parliament. They believe that these changes will undermine relationships between employers and employees.

More positive responses to the proposals have been received from a number of bodies representing employers and business. Many back the introduction of thresholds which ensure that strikes are clearly supported by the workforce. The Recruitment & Employment Confederation (REC), believe that employers would not be willing to use agency workers to break strikes. They recognise the importance of providing the best possible levels of service to clients but also acknowledge the employer’s duty of care to the workers they send out on assignment.

It is a case of watch this space and see how this one progresses!

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