Trade Union Act 2016 and related consultations

A practice note on the Trade Union Act 2016, which amended the Trade Union and Labour Relations (Consolidation) Act 1992. The amendments increased ballot thresholds, introduced information and timing requirements in relation to industrial action and imposed legal requirements on unions for the supervision of picketing. In relation to the public sector, the Act introduced regulation-making powers in relation to the abolition of check-off.

The note also considers three consultations. The first two dealt with measures in the Act to impose a 40% support requirement in relation to ballots for industrial action in important public services, and to address intimidation and leverage tactics in relation to picketing. The third consultation considered the proposal to remove the prohibition on the hiring of agency staff during industrial action from the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319).