What To Watch Out For In 2016: Trade Union Reform

The Government's proposals on trade union reform have been a topical issue throughout 2015 and have developed into draft legislation following consultations; 2016 will see their implementation.

Of key interest to employers who have relationships with unions, the proposed changes are also of general interest to all those who deal with employee issues (including those who have historically been indirectly affected by industrial action, such as by way of travel disruption on the tube).

What do you need to do now?

In regard to the actual reforms, it will be case of watching this space until they are implemented.

However, employers with unionised workforces should make themselves aware of what the changes will entail and factor this into their industrial relations strategies. As always, fostering good industrial relations and facilitating dialogue with union personnel is beneficial, both to avoid disputes occurring and to help de-escalate disputes if and when they do arise.

For employers who don't have union relationships, there is nothing to do at this time although we hope this bulletin will be of general interest.

What are the key features of the reforms?

The removal of a ban on using agency workers during industrial action The end to the indefinite use of ballots to legalise industrial action- and capping the use of a successful ballot at four months The increase in notice of industrial action to two weeks (to allow further negotiation and preparation time) The toughening of voting requirements to pass a ballot (50% turnout and 50% of those who vote in favour, and even stricter requirements for "important public services") What are the key considerations for employers?

In our view, employers with union relationships should consider the following in preparation for the changes:

The ability to use agency workers to replace striking workers.

This has been welcomed by employers, as it will allow employers to mitigate disruption to the business. However, the extent to which this will have an impact will depend on the availability of a sufficiently trained agency workforce so it will therefore differ from industry to industry. Businesses supplying agency workers may want to take this into consideration and assess what resourcing they need to meet demand prompted by industrial action. More notice of industrial action

The increase to two weeks' notice of industrial action will allow employers additional time to negotiate...