unions A new law will make taking industrial action more difficult, says Alan Jones


industrial action after a ballot so mandates are always recent. This can be increased to nine months if the union and employer agree.


• Requiring a clearer description of a trade dispute and any planned industrial action on the ballot paper, so that all union members are “clear” about what they are voting for.


• Creating a new process for trade union subscriptions so new members will have to opt in to rather than opt out of paying into political funds.


• Giving more powers to the certification officer.


• Increasing transparency and accountability relating to the use of public money for facility time for union officials.


• Increasing the notice given to employers of industrial action from seven to 14 days.


Clamping down T


his year started with a spate of high-profile strikes by thousands of transport workers that crippled rail and


London Underground services, and cancelled flights. The walkouts by members of the rail unions and Unite, and threats of action by postal staff and nuclear workers, have led to calls from sections of the Conservative party – and the media – for new laws to clamp down on “militant” trade unions. But a new law has already been passed, and is set to put even more barriers in the way of unions when they ballot members for industrial action, which is still a relatively rare event compared with the various seasons of discontent of past years. The biggest impact of the Trade Union Act will be on voter turnout, with a new threshold of 50 per cent for a ballot to be legal. An additional threshold of 40 per


cent support for action will apply to “important public services”, such as health, education, transport, the fire service and border control. For some unions, neither of these


8 | theJournalist


thresholds will be a problem – the train drivers’ union Aslef achieved a 77 per cent turnout in a ballot last November among its members on Southern Railway, with 87 per cent in favour of strikes and 95 per cent backing other forms of industrial action. The rail unions are among the strongest in the country, and have received strong support for industrial action in many disputes in recent years. But workers in other industries are not be so committed, especially if they are poorly paid, work part time, or have zero hours or temporary contracts. Ministers argue that the reforms will ensure that people are only disrupted by action that is supported by a “reasonable proportion” of union members. Unions, supported by many MPs and


Lords, strongly attacked the measures in the Trade Union Bill, some of which were watered down during a lengthy parliamentary process.


Plans to require trade unions to provide their employers with advanced notice of their plans for pickets, social media campaigns and other forms of “leverage” action were dropped. Measures in the act include:


• Setting a six-month time limit for


“ ”


The Trade Union Act builds on some of the toughest restrictions in the world


They are expected to come into force by 1 March.


There are already genuine concerns


that workers who are being mistreated or who have been sacked unfairly are being denied the right to take complaints to an employment tribunal since fees were introduced, with cases down by several thousand a month. Unions now believe that the Trade Union Act puts the right to strike seriously at risk, because it builds on some of the toughest restrictions in the world. The Welsh Government has given some hope to unions that parts of the act can be reversed in devolved public services such as the NHS, education, local government and the fire service. Wales’ local government secretary Mark Drakeford said the act was unnecessary and would lead to relationships between employers and workers becoming more confrontational. There is no doubt the legislation will


prove challenging for some unions, could lead to disputes being dragged out because of the new 14-day notice period and give employers an incentive to sit things out, knowing unions will have to ballot again after six months. Time will tell if the act will have its desired effect of cutting down on strikes, which are at historically low levels anyway, and deprive the tabloids of a Spring of Discontent.


Alan Jones is the Press Association’s industrial correspondent


ANDY BAKER / ALAMY STOCK PHOTO


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