The Bill is expected to receive Royal Assent on Thursday and covers a wide of new rights, both collective and individual in nature. These range from dismantling some of the anti-trade union law imposed by previous Conservative government administrations, introducing new individual rights such as  pregnancy, maternity and paternity rights and day one sick leave, and moves to curtail exploitative zero-hours contracts and fire and rehire practices. There will also be greater protection from Unfair Dismissal with the right to bring the claim after 6 months of service.  Some of the provisions are subject to secondary legislation with the detail yet to be properly “ironed out” but nevertheless the passing of the Bill is the biggest moment in workers’ rights in a generation.

 

What happens and when

 

The government has produced a ‘road map’ for when it is intended each legislative reform will take effect.

When the Bill receives Royal Assent the Tory government’s Strikes (Minimum Service Levels) Act 2023 will be repealed with immediate effect. This pernicious provision introduced by the last government as a direct attack on the trade union movement as a whole required workers in certain public services to cross picket lines and work even if they had voted in favour of industrial action and there was a mandate for it to ensue. It is symbolic therefore that this provision will go first.

Then, roughly two months after Royal Assent, around February 2026, the majority of the Trade Union Act 2016 will be repealed making key changes to the way in which trade union activity is regulated.

Key changes include:

  • A reduction in the notice period for taking industrial action from 14 days to 10.
  • No requirement to set out the description of the trade dispute on the ballot period or the types of industrial action short of a strike.
  • The validity of a strike ballot extended from six months to 12.
  • The removal of some picketing restrictions such as the appointment of picket supervisors.
  • Simplification of ballot notices.
  • Removal of the requirement for facility time to be published.
  • Protections against dismissal for taking industrial action, for the whole period of the industrial action.

In April the Bill will then introduce sick pay as a day one right.

Many of the subsequent changes still require secondary legislation and in order for them to be effective, the precise nature of those provisions will be vitally important. There are also a number of consultations to come in determining how the legislation takes shape. Thompsons will be responding to those consultations to push for the very best outcome for workers.

Neil Todd of Thompsons Trade Union Law Group commented “This is a hugely important moment for workers’ rights in this country and we are delighted that the Bill has finally cleared the House of Lords so meaningful change can take effect. Focus now turns to ensuring the secondary legislation required to underpin the Bill delivers on what the Labour manifesto committed to do in reshaping workers’ rights in this country”.