The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017
The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017 will bring the main provisions of the Trade Union Act 2016 into force on 1 March 2017. These include:
- Ballots: 50% turnout requirement
- Ballots in “important public services”: additional 40% support requirement
- Information requirements in relation to voting papers, as follows:
- The voting paper to include a summary of the matter(s) in issue in the trade dispute to which the proposed industrial action relates.
- Where the voting paper contains a question about taking part in industrial action short of a strike, the type(s) of action must be specified (either in the question itself or elsewhere on the voting paper).
- The voting paper must indicate the period(s) within which the industrial action or, as the case may be, each type of industrial action is expected to take place.
- information provided to members on the result of a ballot, so that they are told:
- the number of:
- individuals who were entitled to vote in the ballot
- votes cast in the ballot
- individuals answering “Yes” to the question (s)
- individuals answering “No” to the question (s)
- spoiled/invalid voting papers returned,
- whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, and
- where section 226(2B) applies (important public services), whether or not the number of individuals answering “Yes” to the question(s) is at least 40% of the number of individuals who were entitled to vote in the ballot.
- the number of:
- Union supervision of picketing
- The union will be required to appoint a supervisor to supervise the picketing
- The supervisor must be an official or other member of the union who is familiar with any provisions of a Code of Practice on picketing
- The supervisor must take reasonable steps to tell the police
- the supervisor’s name
- where the picketing will be taking place
- how to contact the supervisor
- The union must provide the supervisor with a letter stating that the picketing is approved by the union
- If the employer asks the supervisor for sight of the approval letter, the supervisor must show it
- While the picketing is taking place, the supervisor must
- be present where it is taking place, or
- be readily contactable by the union and the police, and able to attend at short notice
- While present where the picketing is taking place, the supervisor must wear something that readily identifies the supervisor as such.
- two weeks’ notice to be given to employers of industrial action
- Check-off in the public sector: the power to make Regulations to require unions to make a reasonable payment to employers for operation of a check-off system
