As you know the Trade Union Act 2016 had Royal Assent on 4 May 2016. We have been awaiting details of the implementation dates. These are now available in relation to the main provisions of the Act.
The Government has published a Statutory Instrument entitled the Trade Union Act 2016 (Commencement no 3 and Transitional) Regulations 2017.
1. Industrial Action
Ballots
As expected the new rules on ballots will come into effect on 1 March 2017. This means that for any ballot where Electoral Reform Services send out the ballot paper on or after 1 March 2017 the new rules will apply.
The new rules include the following:
50% turn out for all ballots
40 support in "important public services"
New information on the ballot paper
Picketing
The new rules on union supervision of picketing will come into effect on 1 March 2017.
2. Political Funds
As expected the transition period of 12 months will commence on 1 March 2017 so the new rules will come into effect on 1 March 2018.
3. Facility Time and Check-off in the Public Sector
The Secretary of State will be given the power to make Regulations on the publication requirements in relation to facility time in the public sector as of 1 March 2017. The Secretary of State will also be given the power to make Regulations on the restriction of union subscriptions from wages in the public sector as of 1 March 2017. This does not mean that these new rules will come into effect on that date, but only that the Secretary of State has power to make the new rules from then. These are likely to follow at a later point in time. As soon as there is any further information on this I will update you.
As far as the new rules on Industrial Action are concerned I am amending the Guide to Officers to take account of the changes and will circulate the amended Guide to Regions shortly.
Barry Smith
GMB Legal Officer
