FEATURE Trade union Act How Wales is standing up to ‘divisive’ TU Act


The UK may be gripped by the dramatic impact of Brexit, but Labour politicians in Wales are gearing up for a fresh “leave” campaign against a controversial new law affecting hundreds of thousands of workers.


Labour members on the Welsh Assembly are gearing up to water down measures in the trade union Act, which received Royal Assent in May after a tortuous passage through the Westminster Parliament.


Conservative ministers said the aim was to “modernise” union activities on industrial action, collection of subscriptions and political levies, as well as fresh rules on picketing.


But in reality, the Act will impose major restrictions and could even have unintended consequences for industrial relations.


One of the main elements of the legislation is to ensure that industrial action only goes ahead when there has been a ballot turnout of at least 50 per cent.


In important public services, including health, education, transport, border security and the fire service, an additional threshold of 40 per cent of support to take industrial action from all eligible members must be met for action to be legal.


The exact timing of when the Act comes into force has yet to be worked out, but parts of it could be derailed in Wales.


Labour’s manifesto for the Welsh Assembly elections in May committed the party to campaign to repeal parts of the legislation dealing with devolved areas, such as public services.


Assembly members, many members of Unite, have already made it clear it is a priority, even though Labour does not


have a majority in the Cardiff-based Senedd.


Hannah Blythyn, a former Unite officer in Wales, who retained the north Wales seat of Delyn for Labour, believes the Act goes against the constructive relationship that has flourished between the Assembly and trade unions.


“I will be doing my best to fight the Act, especially given my trade union background,” she told uniteWORKS. “A lot of people are employed in the public sector in Wales, especially in constituencies like Delyn, so it is important that we stop this Act.


“We enjoy a good partnership in Wales between unions and the Assembly and this legislation could undermine the relationship that has been built up.”


Hannah points to the successful campaign to retain a body to set wages for agricultural workers.


The Westminster government scrapped the agricultural wages board, but a new agriculture advisory panel has been established for Wales.


Precedent “The success we had with the panel gives us a good precedent to build on,” said Hannah, pledging that Unite’s group of assembly members will meet before the summer recess to plan its attack on the Act.


The government suffered a number of setbacks when the legislation was discussed in the House of Lords and was forced to make a number of changes in areas such as the check-off system for collecting union subs. But unions remain strongly opposed to everything in the Act and still believe it was brought forward for


ideological reasons. Unite Wales secretary Andy Richards describes the Act as perhaps the most “significant, sustained and partisan” attack on trade union members in a generation.


He said, “The Act is a divisive piece of legislation which puts to bed any notion that the Tory government is for working people.


“It has the potential to cause significant damage to the social and economic fabric of the UK.


“We should all be deeply concerned that proposals such as removing the ban on the use of agency workers during industrial action will prove socially divisive, lead to more confrontational relationships between employers and workers, and ultimately undermine rather than support public services and the economy.


“I’m proud that the last Welsh Labour government did not accept the suggestion by the UK government that the Bill relates exclusively to non-devolved matters. In Wales we have a proud record of harmonious industrial relations thanks to the social partnership approach adopted by the Welsh government, trade unions, businesses and wider civil society.”


Andy says that Unite is working closely with the Wales TUC to ensure Labour delivers on its promise to make it a priority to repeal the Act, adding, “We are confident that this will be the case.”


That confidence is understandable, given supportive comments already made by Welsh government ministers such as cabinet secretary for finance and local government, Mark Drakeford.


He said, “The Welsh government has consistently opposed this pernicious and


RESISTANCE 16 uniteWORKS Summer 2016


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