UK: Trade Union Act 2016 heralds significant reform to industrial action law

On 4 May 2016 the Trade Union Bill received Royal Assent. The Trade Union Act 2016 is expected to come into force by early July 2016 and will make significant changes to rules on industrial action and union subscriptions/ facility time (for public employers).

The Government's aim is to ensure that (i) industrial action is a last resort in the event of workplace disputes and only takes place if it has a clear and continuous mandate and (ii) employers have more time to prepare and arrange contingency plans. While the changes may prevent some industrial action, they may also lead to parties taking entrenched positions at an earlier stage in disputes, before the possibility of settlement has been fully investigated. They could also lead to a higher incidence of wildcat (unofficial) action, which can be harder for employers to manage and resolve. Both employers and unions will need to review their tactics in light of the changes.

Our detailed briefing on the implications of the 2016 Act is available here.  Note that the Welsh First Minister has recently announced plans to repeal parts of the Trade Union Act 2016 in so far as they apply to devolved public services in Wales, although the UK government's position is that the Act concerns employment rights, duties and industrial relations, which are not devolved matters and are clearly reserved for the UK Parliament.