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    • Labor Rights Bill Removes ‘Red Tape’ Related to Union Activity: Will It Empower Workers or Burden Business?
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    Labor Rights Bill Removes ‘Red Tape’ Related to Union Activity: Will It Empower Workers or Burden Business?

    Umito Posted on

    The Labor Rights Bill, introduced to Parliament this month, has been hailed by the government as the most significant improvement in workers’ rights in a generation.

    Among the bill’s 28 reforms are several provisions aimed at allowing workers to organize collectively through unions.

    The government impact assessment asserts its belief that “strong collective bargaining rights and institutions are essential to combating problems of insecurity, inequality, discrimination, enforcement and low wages”, arguing: “When workers are empowered to acting as a collective, they can get better pay and conditions. »

    Workplace Rights Bill: Will the proposed legislation finally spark a step change for equality in the workplace?

    New rights from day one: “major development” or simply “headline-grabbing”?

    11 Things HR Needs to Know About the Labor Rights Bill

    The bill aims to reduce existing “legislative barriers” to the organization and recognition of unions, while improving the protection of workplace representatives and union members.

    The Labor Rights Bill “will represent a significant shift in favor of unions, strengthening their ability to recruit, organize and coordinate industrial action,” said Tom Player, partner and head of labor and relations. industrial at Eversheds Sutherland. People management.

    “Over the years, successive governments have toughened the laws, increasing the legal steps and obligations required for unions to organize official and protected industrial action,” he said, adding that the government’s reforms aim to reverse these changes.

    Repeal of the Trade Union Act 2016

    The repeal of much of the 2016 Trade Union Act is the cornerstone of the Labor Rights Bill. The government says the 2016 law “imposes unnecessary restrictions and red tape on union activity.”

    Under current law, at least 50 percent of a union’s members must participate in a ballot for subsequent industrial action to be legal, a requirement the new bill will remove.

    The bill also seeks to repeal the requirement for at least 40 percent support among union members to launch industrial action in vital public services, including health, education and transport.

    Other changes include reducing the notice period unions must give employers in the event of a strike from 14 to seven days, although the government is still consulting on what constitutes a reasonable period. The six-month expiration for industrial action voting warrants remains, but consultations are underway to extend this to 12 months.

    Richard Arthur, partner and head of trade union law at Thompsons Solicitors, welcomed the reform. He said People management: “Strike laws are not meant to prevent strikes. This principle has been unequivocally recognized for decades by international bodies, notably the UN, and by the British courts. Yet successive Conservative governments have introduced multiple layers of restrictions to do just that.

    He explained: “Although the thresholds introduced by the Trade Unions Act 2016 had the effect of preventing industrial action – particularly in the public sector – they did not resolve the underlying conflicts and grievances between workers and their employers.

    “These have been left to rot and deteriorate, no doubt to the long-term detriment of industrial relations,” Arthur said, adding that by repealing the law the government will make a “good start” to delivering on its promise to removing unnecessary restrictions on union activity, as well as ensuring that industrial relations are based on “good faith bargaining and bargaining”.

    However, Kennedys legal director Erica Aldridge said People management that the Government’s intention to repeal the 2016 Act could hamper employers’ ability to “effectively manage their businesses during strikes”, particularly with the reduction of notice period giving employers “significantly less time to plan and make alternative arrangements.”

    Repeal of the law on strikes

    To further ease restrictions on the right to strike and strengthen workers’ “voice at work”, the government will repeal the Strikes (Minimum Service Levels) Act.

    Originally introduced to mitigate the effect of industrial action on critical sectors such as hhealth services, education services, transportation services, nuclear and radioactive waste decommissioning, and border security services, the law allows employers to require a minimum level of service during strikes.

    Aldridge highlighted that the legislation was introduced to allow these sectors to manage the disruption caused by industrial action by effectively requiring some workers to continue working.

    “The removal of this measure, coupled with the reduction in notice to employers, is likely to increase the impact of industrial action on employers and, therefore, the public,” she added. “Employers with a heavily unionized workforce may therefore wish now to start reviewing the contingency plans they have in place to deal with industrial action. »

    However, CIPD senior employee relations advisor Rachel Suff said People management that the trade body supports the repeal of the legislation, explaining: “When it was first proposed under the previous government, we raised concerns that the Strikes (Minimum Levels of Service) Act ) would not improve working relationships or protect the public and could undermine trust. between unions and employers.

    Additional reforms

    As well as repealing legislation restricting industrial action, the Labor Rights Bill includes additional provisions aimed at strengthening the rights of trade unions. This includes granting unions the right to request access to the workplace and streamlining the union recognition process by removing the current requirement for unions to obtain the support of at least 40 per cent of the workforce. of the proposed bargaining unit during a recognition vote.

    The legislation will also require employers to inform new employees of their right to join a union and to regularly remind staff of this right. The right of union representatives to reasonably paid time off (time off to exercise their union role) will also be strengthened, assuming that the employee’s view on what is considered reasonable time off is justifiable.

    Commenting on the new right for unions to access workplaces, Alan Lewis, employment partner at Constantine Law, said People management it’s an “han extremely significant step in restoring the balance of power between employers and employees” because of its ability to provide them with the necessary support to present a credible request for union recognition.

    “For employees, this will increase the chances of having a recognized union in the workplace and the benefits that will accrue in terms of collective bargaining to improve rights and working conditions,” he said, adding : “This will undoubtedly also increase the chances of success. valid strike action when collective conflicts between employers and employees are not resolved.

    Suff agrees, saying that while collective voice is “important,” implementing a specific right for unions to access workplaces to recruit and organize represents a “potential seismic shift.” in labor relations for many companies who are not used to dealing with them.

    “Planned statutory changes to workplace access rights and union recognition thresholds also have significant implications and we recommend that the government works with stakeholders to develop a code of practice with accepted principles to help to guide employers and unions in developing constructive relationships,” she added. .

    To stay informed of government legislative developments, visit the CIPD tracker.

    Umito
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