Employment rights bill would cut ‘red tape’ from unions – would it empower workers or burden businesses?

The Workers’ Rights Bill, introduced into Parliament this month, was hailed by the government as the biggest improvement to workers’ rights in a generation.

Among the bill’s 28 reforms are several provisions aimed at expanding workers’ rights and opportunities to unionize.

Government impact assessment states its belief that “strong collective bargaining rights and institutions are key to addressing problems of insecurity, inequality, discrimination, enforcement and low pay,” arguing: “When workers are empowered to act as a collective, they can secure better pay and working conditions. »

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The bill aims to reduce existing “legislative barriers” to union organization and recognition, while improving protections for workplace representatives and union members.

The Employment Rights Bill “will represent a significant shift in favor of trade unions, increasing their ability to recruit, organize and coordinate industrial action”, said Tom Player, partner and head of labor and industrial relations at Eversheds Sutherland. People management.

“Over the years, successive governments have tightened laws, increasing the legal steps and responsibilities required for unions to organize formal and protected strikes,” he said, adding that government reforms are aimed at reversing these changes.

Repeal of the Trade Union Act 2016

The repeal of most of the Trade Union Act 2016 is the cornerstone of the Labor Rights Act. The government argues that the 2016 Act “imposes unnecessary restrictions and bureaucratic red tape on trade union activities.”

Under current law, at least 50 percent of a union’s members must vote for subsequent strikes to be legal, a requirement the new bill would eliminate.

The bill also intends to remove the requirement of at least 40 percent support among union members to continue strikes in vital public services, including health, education and transport.

Further changes include reducing the notice period that unions must give employers in the event of a strike from 14 days to seven days, although the government is still consulting on what constitutes a reasonable time frame. The six-month strike mandate remains in effect, but consultations continue to extend it to 12 months.

Richard Arthur, partner and head of trade union law at Thompsons Solicitors, welcomed the reform. He said People management: “Strike laws should not prevent strikes. This principle has been unequivocally recognized for decades by international organizations, including the UN, and by UK courts. However, successive Conservative governments have introduced a number of restrictions to do just that.”

He explained: “While the thresholds introduced by the Trade Union Act 2016 have prevented industrial action, particularly in the public sector, they have not resolved the underlying disputes and grievances between workers and their employers.”

“They have been left to rot and decay, no doubt causing long-term damage to labor relations,” Arthur said, adding that repealing the law would be a “good start” to delivering on his promise to remove unnecessary restrictions on trade union activity, as well as ensuring that labor the relationship was based on “good faith negotiations and negotiations.”

However, Erica Aldridge, legal director at Kennedys, said: People management that the government’s intention to repeal the 2016 Act could prevent employers from “effectively managing their businesses during industrial action”, especially given the reduction The notice period gives employers “much less time to plan and make alternative arrangements.”

Repeal of the Strike Law

To further ease restrictions on the right to strike and strengthen workers’ voice at work, the government will repeal the Strike (Minimum Service) Act.

Initially introduced to mitigate the impact of strikes in critical sectors such as healthcare.health care, education, transportation services, nuclear and radioactive waste management, and border security services, the Act allowed employers to set a minimum level of service during strikes.

Aldridge stressed that the legislation was passed to enable these sectors to cope with the disruption caused by strikes by effectively requiring certain workers to continue working.

“The repeal of this law, coupled with reduced notice to employers, is likely to increase the impact of industrial action on employers and, by extension, on the public,” she added. “Employers with strong union membership may therefore want to start reviewing their existing contingency plans to deal with industrial action now.”

However, Rachel Saff, senior officer relations adviser at the CIPD, said: People management that the trade body supports repealing the legislation, explaining: “When it was first proposed under the previous government, we expressed concern that the Strikes (Minimum Service Level) Bill would not improve industrial relations or protect the public and that it could undermine trust between trade unions and employers.”

Additional reforms

In addition to repealing legislation restricting strikes, the Employment Rights Bill includes additional provisions aimed at strengthening trade union rights. This includes giving unions the right to request access to the workplace and streamlining the union recognition process by eliminating the current requirement for unions to secure the support of at least 40 percent of the workforce in a proposed bargaining unit during the recognition vote.

The legislation would also require employers to inform new employees of their right to join a union and to regularly remind employees of that right. The right of union representatives to reasonable paid time off (time off to perform their union functions) will also be strengthened, provided that the employee’s views on what constitutes reasonable time off are reasonable.

Commenting on the new trade union right to access the workplace, Alan Lewis, employment partner at Constantine Law, said People management this is “h”“an extremely important step in restoring the balance of power between employers and employees” because of its ability to provide them with the support they need to make a credible application for union recognition.

“For workers, this will increase the chances of having a recognized union in the workplace and the benefits that will come from collective bargaining for improved rights and working conditions,” he said, adding: “It will also undoubtedly increase the likelihood of a legal strike when collective disputes between employers and employees are not permitted.”

Saff agreed, saying that while collective voice is “important,” the implementation of unions’ specific right to access workplaces to recruit and organize represents a “potential seismic shift” in labor relations for many businesses not used to dealing with them.

“Planned legislative changes relating to workplace access rights and trade union recognition thresholds also have significant implications and we encourage the Government to work with stakeholders to develop a Code of Practice with shared principles that will help employers and trade unions develop constructive relationships,” she added. . .

To keep up to date with government legislative changes, visit the CIPD tracker.