Trade Union Act 2016
2016 c. 15 · Enacted 4 May 2016 · Extends to United Kingdom
Be 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:—
Contents
- Introduction
- 1Meaning of “the 1992 Act”
- Ballot thresholds for industrial action
- 2Ballots: 50% turnout requirement
- 3Ballots: 40% support requirement in important public services Repealed
- Electronic balloting
- 4Provision for electronic balloting: review and piloting scheme Repealed
- Information requirements relating to industrial action
- 5Information to be included on voting paper Repealed
- 6Information to members etc about result of ballot
- 7Information to Certification Officer about industrial action etc Repealed
- Timing and duration of industrial action
- 8Two weeks' notice to be given to employers of industrial action Repealed
- 9Expiry of mandate for industrial action
- Picketing
- 10Union supervision of picketing Repealed
- Application of funds for political objects
- 11Opting in by union members to contribute to political funds
- 12Union's annual return to include details of political expenditure Repealed
- Facility time and check-off
- 13Publication requirements Repealed
- 14Reserve powers Repealed
- 15Restriction on deduction of union subscriptions from wages in public sector Repealed
- Certification Officer
- 16Certification Officer not subject to ministerial direction
- 17Investigatory powers etc
- 18Enforcement by Certification Officer of new annual return requirements Repealed
- 19Further powers of Certification Officer where enforcement order made
- 20Power to impose levy Repealed
- 21Rights of appeal not limited to questions of law
- General
- 22Minor and consequential amendments
- 23Financial provision
- 24Extent
- 25Commencement
- 26Short title
- Schedule 1: Certification Officer: investigatory powers: Schedule to be inserted into the 1992 Act Repealed
- Schedule 2: Certification Officer: exercise of powers ... etc
- Duty to secure positions not held by certain offenders
- 1Paragraph 1
- Elections for certain positions
- 2Paragraph 2
- 3Paragraph 3
- Application of a trade union's funds in the furtherance of political objects
- 4Paragraph 4
- Compliance with political ballot rules
- 5Paragraph 5
- 6Paragraph 6
- Rules as to political fund
- 7Paragraph 7
- Ballots on amalgamations or transfers
- 8Paragraph 8
- Schedule 3: Certification Officer: power to impose financial penalties: Schedule to be inserted into the 1992 Act Repealed
- Schedule 4: Minor and consequential amendments
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)
- 20Paragraph 20
- Consequential repeals
- 21Paragraph 21
1Meaning of “the 1992 Act”I1
In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.
2Ballots: 50% turnout requirementI1
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
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.
3Ballots: 40% support requirement in important public servicesF1
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4Provision for electronic balloting: review and piloting schemeF1
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5Information to be included on voting paperF1
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6Information to members etc about result of ballotI1
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, or as the case may be, to each question,
(d)the number of individuals answering “No” to the question, or as the case may be, to each question,
(e)the number of spoiled or otherwise invalid voting papers returned,
(f)whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, and
(g)where section 226(2B) applies, whether or not the number of individuals answering “Yes” to the question (or each question) is at least 40% of the number of individuals who were entitled to vote in the ballot.
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.
7Information to Certification Officer about industrial action etcF1
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8Two weeks' notice to be given to employers of industrial actionF1
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9Expiry of mandate for industrial actionI1
In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—
(1)Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period, beginning with the date of the ballot—
(a)of six months, or
(b)of such longer duration not exceeding nine months as is agreed between the union and the members' employer.
(1A)Subsection (1) has effect—
(a)without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and
(b)subject to the following provisions.
Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which 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.
10Union supervision of picketingF1
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11Opting in by union members to contribute to political fundsI1I2
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For section 85 of the 1992 Act substitute—
Manner of giving effect to section 84
85(1)A union that has a political fund must either—
(a)make a separate levy of contributions to that fund from the members who are contributors, or
(b)relieve members who are not contributors from the payment of the appropriate portion of any periodical contribution required from members towards the expenses of the union.
(2)In the latter case, the rules shall provide—
(a)that relief shall be given as far as possible to all members who are not contributors on the occasion of the same periodical payment, and
(b)for enabling each member of the union to know what portion (if any) of any periodical contribution payable by the member is a contribution to the political fund.
In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the word “and” at the end of paragraph (c) substitute—
.(ca)that, if the union has a political fund, any form (including an electronic form) that a person has to complete in order to become a member of the union shall include—
(i)a statement to the effect that the person may opt to be a contributor to the fund, and
(ii)a statement setting out the effect of paragraph (c); and
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12Union's annual return to include details of political expenditureF1
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13Publication requirementsF1
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14Reserve powersF1
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15Restriction on deduction of union subscriptions from wages in public sectorF1
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16Certification Officer not subject to ministerial directionI1
In section 254 of the 1992 Act (the Certification Officer), at the end of subsection (2) insert “ (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions) ”.
17Investigatory powers etcI1I2
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Schedule 2, which makes amendments to the 1992 Act F3in relation to the powers of the Certification Officer, has effect.
18Enforcement by Certification Officer of new annual return requirementsF1
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19Further powers of Certification Officer where enforcement order made
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The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown.
| Provision | Amendment |
|---|---|
| In section 24B (enforcement of sections 24 to 24ZC by Certification Officer), subsection (12) | after “enforced” insert “ by the Officer ” |
| In section 25 (remedy for failure: application to Certification Officer), subsection (10) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ” |
| In section 31 (remedy for failure to comply with request for access), subsection (5) | after “enforced” insert “ (by the Certification Officer or the applicant) ” |
| In section 45C (remedies and enforcement), subsection (9) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ” |
| In section 55 (application to Certif-ication Officer), subsection (9) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ” |
| In section 72A (application of funds in breach of section 71), subsection (9) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ” |
| In section 80 (application to Certif-ication Officer), subsection (9) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ” |
| In section 82 (rules as to political fund), subsection (4B) | after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ” |
| In section 108B (declarations and orders), subsection (8) | after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ” |
20Power to impose levyF1
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21Rights of appeal not limited to questions of lawI1
In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”
section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);
section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);
section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);
section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);
section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).
22Minor and consequential amendmentsI1I2
Schedule 4 (minor and consequential amendments) has effect.
23Financial provision
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
24Extent
An amendment or repeal made by this Act has the same extent as the enactment to which it relates.
25Commencement
This Act, apart from sections 23 to 26 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.
Regulations under this section may include saving, transitional or transitory provision.
26Short title
This Act may be cited as the Trade Union Act 2016.
1I1
Section 45C of the 1992 Act (remedies and enforcement) is amended as follows.
In subsection (1), for “effect.” substitute “ effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section. ”
After that subsection insert—
(1A)Where an application is made to the Certification Officer under this section, the Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.
For subsection (2) substitute—
(2)Where the Certification Officer is satisfied that a trade union has failed to comply with the requirement of section 45B, the Officer may make a declaration to that effect.
(2A)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.
(2B)The Certification Officer must give reasons for the Officer's decision in writing.
In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
2I1
Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows.
For subsection (1) substitute—
(1)A person alleging a failure on the part of a trade union to comply with any of the requirements of this Chapter may apply for—
(a)a declaration under section 55 (by the Certification Officer), or
(b)a declaration under section 56 (by the court);
but the Certification Officer may also exercise the powers under section 55 where no application is made.
In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.
3I1
Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.
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For subsections (1) and (2) substitute—
(1)Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter, either—
(a)on an application by a person having a sufficient interest (see section 54(2)), or
(b)without any such application having been made,
the Officer may make a declaration to that effect.
(2)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.
In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
4I1
Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows.
In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ”
After that subsection insert—
(1A)Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.
For subsection (2) substitute—
(2)Where the Certification Officer is satisfied that a trade union has applied its funds in breach of section 71, the Officer may make a declaration to that effect.
(2A)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.
(2B)The Certification Officer—
(a)must give reasons for the Officer's decision in writing, and
(b)may make written observations on any matter arising from, or connected with, the proceedings.
In subsection (6) omit “of the application”.
In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.
5I1
Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.
For subsection (1) substitute—
(1)A person alleging that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.
In subsection (2), for “those sections” substitute “ section 80 or 81 ”.
6I1
Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.
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For subsections (1) and (2) substitute—
(1)Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
the Officer may make a declaration to that effect.
(2)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.
In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
7
Section 82 of the 1992 Act (rules as to political fund) is amended as follows.
In subsection (2), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”
For subsections (2A) and (3) substitute—
(2A)Where the Certification Officer is satisfied that a breach has been committed, the Officer may make such order for remedying the breach as he thinks just under the circumstances.
(3)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give a representative of the union and the complainant (if any) an opportunity to make written representations, and
(c)may give a representative of the union and the complainant (if any) an opportunity to make oral representations.
In subsection (3A) omit “of the application”.
In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”.
8I1
Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.
In the heading, for “Complaints” substitute “ Powers of Certification Officer ”.
In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”
Omit subsection (2A).
In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”.
After that subsection insert—
(3A)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the complainant (if any) an opportunity to make written representations, and
(c)may give the union and the complainant (if any) an opportunity to make oral representations.
In subsection (4) omit “on a complaint”.
In subsection (6) omit “of the application”.
In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.
1I1
Omit section 24C and sections 24ZH to 24ZK of the 1992 Act (which are superseded by the inserted Schedule set out in Schedule 1 to this Act).
2F1
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3I1
In section 45D of the 1992 Act (appeals from Certification Officer)—
omit “24C,”;
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4I1
In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute—
(2)For this purpose the question whether industrial action is regarded as having the support of a ballot shall be determined in accordance with section 226(2).
5I1
In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute—
.(ii)the making of contributions to that fund by members,
6I1
Section 82 of the 1992 Act (rules as to political fund) is amended as follows.
In subsection (1), for paragraph (b) substitute—
.(b)that a member of the union who is not a contributor (see section 84) shall not be under any obligation to contribute to the political fund;
In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”.
7I1
Section 86 of the 1992 Act is amended as follows.
For the heading substitute “ Employer not to deduct contributions where member gives certificate ”.
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8I1
In section 91 of the 1992 Act (rules to cease to have effect), in subsection (4), for the words before paragraph (a) substitute “ A member of a trade union who has at any time not been a contributor to its political fund shall not for that reason— ”.
9F1
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10I1
In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”.
11I1
In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”.
12I1
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), omit the word “and” at the end of sub-paragraph (ii).
13I1
In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute—
(1)Industrial action shall be regarded as having the support of a ballot only if—
(a)it is called by a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3), and
(b)there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot.
14I1
In section 234 of the 1992 Act (period after which ballot ceases to be effective)—
in subsection (3) omit the words after paragraph (b);
in subsection (6) omit the second sentence.
15I1
Section 254 of the 1992 Act (the Certification Officer) is amended as follows.
In subsection (5A) omit “Subject to subsection (6),”.
Omit subsection (6).
16I1
In section 256 of the 1992 Act (procedure before the Certification Officer), in subsection (1)(c), for the words after “declaration or” substitute “ order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3 ”.
17I1
After section 297 of the 1992 Act insert—
Meaning of “voting”
297AFor the purposes of this Act, the number of persons voting in a ballot includes those who return ballot papers that are spoiled or otherwise invalid.
18I1
In section 298 of the 1992 Act (minor definitions: general), at the appropriate place insert—
.“legal professional privilege”, as respects Scotland, means confidentiality of communications;
19I1
In section 299 of the 1992 Act (index of defined expressions), at the appropriate places insert—
contributor (in relation to the political fund of a trade union) section 84(5)
legal professional privilege (as respects Scotland) section 298
voting section 297A
20I1
Article 71 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)) (application to Great Britain unions and members) is amended as follows.
In paragraph (3)—
for “exempt from the obligation to contribute” substitute “ not a contributor ”;
for “so exempt” substitute “ not a contributor to that fund ”.
Omit paragraph (5)(b).
21
In consequence of the amendments made by this Act, omit the following—
in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8;
in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6;
in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1.