Briefing on the Employment Rights Bill – Focus on key changes to trade unions

As local authorities, it is crucial to understand the implications of the ERB and this article focuses on some of the key changes when it comes to trade unions. Unions obviously play a major part in industrial relations in a local authority context and it is important that effective working relationships are in place. Key proposed changes include:

Conditions for trade union recognition

• Currently: The current process for statutory recognition by trade unions requires demonstrating that 10% of the proposed bargaining unit are union members before a ballot is held. Statutory recognition must then be supported by a majority vote, with at least 40% of the workers in the bargaining unit voting in favour.
• Change: The threshold of union membership that a union will have to demonstrate within a bargaining unit will reduce to between 2% and 10%. The requirement for majority support within the bargaining unit will be removed, and a majority vote will be sufficient for statutory recognition, eliminating the 40% threshold.

Facilities provided to trade union officials and learning representatives

• Currently: There is a right to paid time off but not for facilities.
• Change: The right to paid time off will continue and where an employer permits such time off, must also provide the employee with ‘accommodation and other facilities’ when it is reasonably requested.

Right of trade unions to access workplaces

• Currently: Unless agreed as part of collective agreement or ordered by the Central Arbitration Committee (CAC) there is no ‘right of access’ for trade unions into a workplace for recruitment or organisational purposes.
• Change: There will be a right to request an access agreement with an employer for one or more officials of the union and the agreement must then be communicated to the CAC. If agreement cannot be reached then the CAC may make a determination.

Time off for equality representatives

• Currently: Whilst unions may have equality representatives, they have no rights to time off nor to have facilities provided in which to carry out their duties.
• Change: An employer will be required to permit an equality representative of a recognised trade union time off for carrying out their duties. The purpose of the time off will include arranging learning or training, carrying out activities for the purpose of promoting the value of equality and providing information and support.

Facility time

• Currently: The Government can introduce regulations whereby ‘relevant public sector employers’ with at least one relevant trade union official must publish certain information relating to how much time those officials take off work for their trade union activities. In addition, three years after such regulations are in force, the Government could further introduce regulations which would limit that time off.
• Change: These powers will be repealed.

Blacklists – Additional powers

Currently: It is unlawful for employers and employment agencies and others to compile, or supply or use a blacklist — a list of persons who have been members of trade unions or who have taken part in trade union activities – for the purpose of discriminating against them, for example in recruitment decisions.

Change: This will be extended to include lists which may have not been prepared for the purpose of discrimination but are subsequently used to discriminate.

Industrial action – Provision of information to employer

Currently: The notice a trade union must give an employer of industrial action (post ballot) is 14 days.
Change: This will be reduced to 7 days.

Repeal of minimum service levels

Currently: The Government has the power to set minimum service levels during strikes in essential services and certain sectors.
Change: These powers will be repealed.

Protection against detriment for taking industrial action

Currently: There is no protection against sanctions (short of dismissal) taken against an employee who engages in lawful strike action.
Change: This will be extended to give an employee protection against any detriment they may suffer at the hands of their employer where the specific purpose of that treatment was to deter the employee from engaging in industrial action or to penalise them for continuing to do so.

Protection against dismissal for taking industrial action

Currently: Employees who are taking part in lawful industrial action are protected from dismissal for a protected period. This period is currently 12 weeks.
Change: This 12-week limit will be removed and so the employee will be protected for the length of the strike action.

Implications for Local Authorities

Local authorities will need to be proactive in understanding and implementing the changes introduced by the ERB. The increased role and protections for trade unions will require local authorities to:

• Engage with Trade Unions: Foster a collaborative relationship with trade unions to ensure compliance with the new legal requirements.
• Review Employment Policies: Update employment policies to reflect the strengthened union rights and protections.
• Training and Awareness: Conduct training sessions for managers and HR personnel to educate them about the new provisions and their responsibilities.
• Monitor Compliance: Implement regular monitoring and evaluation processes to ensure that employers within their jurisdiction adhere to the new regulations.

For more information and updates on the ERB, visit our ERB Hub or contact Matthew Gregson and Sarah Harnett.