Explanatory note

These Regulations are made in exercise of the power contained in section 236A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) to prescribe detriments in relation to a worker taking industrial action.

Pursuant to section 236A(4) of the 1992 Act, regulation 3 prohibits all detriments in relation to a worker taking industrial action.

Regulation 4 confirms that the common law rules which allow an employer to deduct pay from a worker for having taken part in protected industrial action are not affected by these Regulations.

Regulation 5 adds section 236A to the jurisdictions listed in Schedule A2 to the 1992 Act. Under section 207A of the 1992 Act, this allows an adjustment of an award by a tribunal where there is a failure to comply with certain codes of practice.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.