When the Bill received Royal Assent, it heralded the repeal of the Strikes (Minimum Service Levels) Act 2023. This Act, introduced by the previous Conservative government, had effectively enabled employers in certain public services to require workers to cross picket lines and work on strike days when they were identified in a work notice.

 

The latest changes, now make key changes to the statutory framework that regulates how industrial action can lawfully be called and repeals many of the changes made under the Trade Union Act 2016. The changes include the following:

 

  • Unions will not be required to secure 40% support in favour of industrial action in ballots in key public services such as fire, health, education, transport, and border security.
  • The information that unions are required to include in Notices of Ballot and Notices of Action will be simplified. In broad terms what this means is that the Notice of Ballot will only have to give lists of the categories of workers and workplaces (not the numbers in each) and the total number of workers concerned. The Notice of Action will require numbers for the workplaces but not the categories.
  • The Ballot Paper will no longer require a summary of the trade dispute, the dates of when it is envisaged the action will be called or the types of industrial action short of a strike that are being called.
  • Ballots approving industrial action will have a 12-month mandate.
  • Unions will have a 10-day notice period to inform employers of their intention to take industrial action (reduced from 14 days).  
  • Unions will no longer be required to appoint a picket supervisor.
  • There will be enhanced protection for those dismissed for taking part in strike action.

 

There are also a number of key change to institutional trade union law such as the removal of the 10-year ballot requirement for trade union political funds and an automatic opt-in to a union’s political fund on joining a union.

 

Finally, from Wednesday, employees that will be newly eligible for day one paternity leave and unpaid parental leave, which take effect on 6 April, can give notice of their intention to take such leave.

 

Neil Todd, Head of Thompsons Trade Union Law Group said 18 February marks the first day of genuine substantive change for the better brought about by the Employment Rights Act. Whilst these changes do not dismantle the framework that regulates industrial action and the requirements that unions must comply with to call action remain onerous, the provisions are nevertheless very welcome and a significant step in the right direction in furthering collective rights in the workplace. Further substantive changes are expected in April, August and October and these should begin the long overdue process of transforming workers’ rights in this country and giving stronger voices to unions operating in workplaces up and down the country.