Employment Cases Update

Trade Union Act 2016: What is in force from 1st March 2017?

Date published: 01/03/2017

New regulation of trade unions concerning balloting, funding and picketing in force from today.

Significant provisions of the Trade Unions ACt 2016 come into force today as prescribed by the Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017.

The key changes are set out below. A full list can be found in the SI.

  • section 2: 50% turnout requirement for ballots
  • section 3: 40% support requirement for industrial action ballots in important public services 
  • section 5: information to be included on the voting paper
  • section 6: information to members etc about result of the ballot
  • section 7: information to Certification Officer about industrial action etc
  • section 8: two weeks' notice to be given to employers of industrial action
  • section 9: expiry of mandate for industrial action
  • section 10: union supervision of picketing
  • section 11: opting in by union members to contribute to political funds. Unions have until 1 March 2018 to comply
  • section 12: union's annual return to include details of political expenditure
  • section 13: publication requirements in relation to facility time
  • section 15: restriction on deduction of union subscriptions from wages in public sector
  • section 18: enforcement by Certification Officer of new annual return requirements