Trade Union Act 2016
| Jurisdiction | UK Non-devolved |
| Citation | 2016 c. 15 |
| Year | 2016 |
2016 CHAPTER 15
An Act to make provision about industrial action, trade unions, employers' associations and the functions of the Certification Officer.
[4th May 2016]
B
e it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In this Act “
the 1992 Act
” means the Trade Union and Labour Relations (Consolidation) Act 1992.
Commencement Information
I1
S. 1 in force at 3.11.2016 by S.I. 2016/1051, reg. 3(a)
(1)
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—
(iia)
in which at least 50% of those who were entitled to vote in the ballot did so, and
.
(2)
Subsection (1) does not apply to any ballot opened before the day on which this section comes into force.
For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
Commencement Information
I2
S. 2 in force at 1.3.2017 by S.I. 2017/139, reg. 2(a)
(1)
In section 226 of the 1992 Act, in subsection (2)(a)(iii), for “the majority voting in the ballot” substitute
“ the required number of persons (see subsections (2A) to (2C)) ”
.
(2)
After subsection (2) of that section insert—
(2A)
In all cases, the required number of persons for the purposes of subsection (2)(a)(iii) is the majority voting in the ballot.
(2B)
There is an additional requirement where the majority of those who were entitled to vote in the ballot are at the relevant time normally engaged in the provision of important public services, unless at that time the union reasonably believes this not to be the case.
(2C)
The additional requirement is that at least 40% of those who were entitled to vote in the ballot answered “Yes” to the question.
(2D)
In subsection (2B) “
important public services
” has the meaning given by regulations made by statutory instrument by the Secretary of State.
(2E)
Regulations under subsection (2D) may specify only services that fall within any of the following categories—
(a)
health services;
(b)
education of those aged under 17;
(c)
fire services;
(d)
transport services;
(e)
decommissioning of nuclear installations and management of radioactive waste and spent fuel;
(f)
border security.
(2F)
No regulations shall be made under subsection (2D) unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
(3)
This section does not apply to any ballot opened before the day on which this section comes into force.
For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
Commencement Information
I3
S. 3 in force at 5.12.2016 for specified purposes by S.I. 2016/1170, reg. 2(a)
I4
S. 3 in force at 1.3.2017 in so far as not already in force by S.I. 2017/139, reg. 2(b)
V1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
V1
(1)
The Secretary of State shall commission an independent review, the report of which shall be laid before each House of Parliament, on the delivery of secure methods of electronic balloting for the purpose of ballots held under section 226 of the 1992 Act (requirement of ballot before action by trade union).
(2)
The use of pilot schemes shall be permitted to inform the design and implementation of electronic balloting before it is rolled out across union strike ballots.
(3)
The Secretary of State must consider the report and publish and lay before each House of Parliament his or her response to it.
(4)
For the purpose of preparing the response under subsection (3), the Secretary of State must consult relevant organisations including professionals from expert associations to seek their advice and recommendations.
(5)
The review under subsection (1) shall be commissioned within six months of the passing of this Act.
Commencement Information
I5
S. 4 in force at 3.11.2016 by S.I. 2016/1051, reg. 3(b)
V1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
V1
(1)
In section 229 of the 1992 Act (voting paper), after subsection (2A) insert—
(2B)
The voting paper must include a summary of the matter or matters in issue in the trade dispute to which the proposed industrial action relates.
(2C)
Where the voting paper contains a question about taking part in industrial action short of a strike, the type or types of industrial action must be specified (either in the question itself or elsewhere on the voting paper).
(2D)
The voting paper must indicate the period or periods within which the industrial action or, as the case may be, each type of industrial action is expected to take place.
(2)
Subsection (1) does not apply to any ballot opened before the day on which this section comes into force.
For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
Commencement Information
I6
S. 5 in force at 1.3.2017 by S.I. 2017/139, reg. 2(c)
V1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
V1
(1)
In section 231 of the 1992 Act (information as to result of ballot), for the words after “all persons entitled to vote in the ballot” substitute
are told—
(a)
the number of individuals who were entitled to vote in the ballot,
(b)
the number of votes cast in the ballot,
(c)
the number of individuals answering “Yes” to the question...
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