Employment Rights Bill | Trade Unions

The Employment Rights Bill proposes stronger Trade Union rights, including workplace access, updated recognition rules, and protections against detrimental treatment for industrial action.

The Employment Rights Bill contains several provisions regarding Trade Unions. The Bill proposes to amend much of the Trade Union Act 2016 and to repeal The Strikes (Minimum Service Levels) Act 2023. Notable proposals include:

• Requiring employers to provide employees with a statement outlining their right to join a Trade Union, either at the same time as the Section 1 Employment Rights Act 1996 statement or at other times as set out by the Secretary of State.
• Giving Trade Unions the right to access workplaces. This includes a process around access agreements, access requests, and response notices. There are also negotiating provisions. Ultimately, matters can be referred to the Central Arbitration Committee (CAC) where certain disputes/situations arise in this regard.
• Amending Trade Union recognition thresholds.
• Further provisions around funds, deductions and facilities.
• Provisions around balloting requirements for industrial action.
• Regarding electronic balloting, removing the reference to a review and pilot scheme, although the right to introduce alternative means of balloting (assuming this includes electronic balloting) is retained.
• Introducing protection against detrimental treatment for taking industrial action and greater protection for union reps.