Employment Rights Bill: How will trade unions be affected?

The government has proposed to amend several provisions in the current Employment Rights Bill regarding trade unions.

A non-exhaustive list of the key changes includes:

• the notice period for signifying industrial action increased to ten days
• subject to the relevant framework, under secondary legislation, the Central Arbitration Committee (CAC) will be able to issue fines for failures to comply with the right of access
• the industrial ballot turnout threshold enactment has been delayed in order to align with the introduction of e-balloting
• the mandate period for industrial action will double to twelve months
• a 20-working-day negotiation period will be introduced between unions and employers to negotiate voluntary access, and to agree on a bargaining unit following the date that the CAC accepts a recognition application
• trade unions will be able to request physical access to workplaces, but also digital access, such as company intranets, email systems, and other communication platforms. Regarding the political fund, a ballot every ten years will no longer be required – instead, the union must serve notice to members reminding them of their ability to opt out every ten years.

Additionally, following royal assent, the proposal commits to:

• deliver e-ballots and workplace ballots
• decrease the admissibility requirements for the statutory recognition ballot process
• use secondary legislation to increase member and representative rights and protections.

What should you do?

In anticipation of these changes, employers should:

• be prepared for a potential increase of strike action and familiarise themselves with the new requirements that they will have to comply with
• ensure that managers are up to date with these changes
• review any relevant policies in light of these changes
• review virtual systems, processes and communications to ensure that they are conducive of the new virtual access requested that unions can make.

We will be covering each new change following the Employment Rights Bill, looking into the details of what could impact you and your business. Keep an eye out on our website and across our social media as we publish our full set of informative articles that will help you understand the changes employers are about to face.

If you have any questions about the changes discussed above, or need assistance preparing for the new Employment Rights Bill, be sure to get in touch – our expert team will be willing to help.

Our Legal 500-rated employment law & business immigration team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.