Industrial action reform: the Government’s proposals

Consultant editor Darren Newman examines Government’s proposals for reform in relation to industrial action, and balloting thresholds in particular.

One advantage of having a majority Government – of whatever persuasion – is that it is easier to predict the policies that it will pursue. Without the horse-trading involved in coalition governments we can look to the relevant party’s manifesto as a reasonable guide to what its initial programme for Government will be.

It is clear from the Conservative manifesto that, with regard to employment law, one priority is the reform of the law governing trade unions – and in particular industrial action.

The new law will be wide-ranging with further restrictions placed on picketing and the repeal of the current rule preventing use of agency workers as cover for striking employees.

We can also expect the introduction of a “shelf life” for industrial action ballots. Currently, once a union has taken industrial action following a successful ballot, it may continue to do so for as long as the dispute continues.

We have seen action in the public sector, for example, based on a ballot held many months earlier. It is likely that any new law would require the union to seek periodic reauthorisation for industrial action.

The main focus of the new law, however, will be the introduction of turnout thresholds in industrial action ballots.

Under the current law, industrial action will be lawful if it is supported by a majority of those voting in a ballot – irrespective of how many union members actually participate.

Under the new law, a ballot will need to achieve at least a 50% turnout…

Continue reading the full analysis on XpertHR