The Employment Rights Act 1990 primarily amends existing employment law, specifically focusing on updating provisions related to trade union recognition, balloting procedures, and certain protections for employees, thereby refining the framework governing workplace relations in the United Kingdom.
Arguments For
Ensures clarity and consistent application of recently introduced employment law changes.
Updates existing legislation to reflect current industrial relations practices and needs.
Provides legal certainty for both employers and employees regarding their statutory rights and obligations.
Arguments Against
May introduce complexity by amending numerous existing statutes, requiring careful interpretation.
Could create administrative burdens for businesses adapting to new procedural requirements.
Potential for increased litigation as new provisions are tested in employment tribunals.
An Act to amend the law relating to employment, including in particular the law relating to trade unions; and for connected purposes.
This legislation amends United Kingdom employment law.
The main focus of these amendments centers on refining the rules and regulations governing trade unions and their activities, along with related employment matters.
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:—
This standard introductory clause confirms that the law has been enacted by the authority of the UK Parliament, following agreement by both the House of Lords and the House of Commons, under the sanction of the Monarch.
PART I
Ballots and Trade Unions
The first part of the Act introduces specific changes directly related to the procedures for trade union ballots and general regulations concerning trade unions.
- Trade union ballots as to authorising industrial action.
This section deals with the statutory requirements surrounding industrial action ballots conducted by trade unions.
(1) Section 2 of the Trade Union Act 1984 (ballots as to authorising industrial action) shall be amended as follows.
The Act amends Section 2 of the Trade Union Act 1984, which governs how trade unions must conduct ballots to authorize industrial action, such as strikes or other forms of protest.
(2) In subsection (5) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.
This subsection modifies the list of parties who must be notified regarding an industrial action ballot.
It adds a requirement to notify the employer who employs the majority of union members affected by the potential action, in addition to the primary employer concerned.
(3) In subsection (6) after “concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.
Similarly, this amendment extends the recipient list for information concerning the ballot results or authorization process, ensuring the employer employing the majority of relevant union members receives notification.
(4) In subsection (7) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.
This maintains consistency by again updating notification requirements under subsection (7) of the original Act, ensuring the specified employer group is included in communications regarding the industrial action ballot.
(5) In subsection (10) for “and the date on which the result of the ballot was declared” there shall be substituted “the date on which the result of the ballot was declared and, if the ballot was conducted by the Commission”.
This changes what information must be included in the notice sent to the Certification Officer.
It now requires stating whether the ballot was organized and conducted by the Certification Officer (previously referred to as the Commission).
(6) In subsection (11) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.
This implements the same notification requirement update across subsection (11) of the 1984 Act, ensuring the employer of the majority of affected union members is kept informed regarding the ballot proceedings.
- Trade union ballots as to authorising continuation of industrial action.
This section addresses the procedures for conducting ballots that seek authorization to continue industrial action that has already commenced.
(1) Section 6 of the Trade Union Act 1984 (ballots as to authorising continuation of industrial action) shall be amended as follows.
The Act amends Section 6 of the Trade Union Act 1984, which covers the requirements for balloting union members if a trade union wishes to continue industrial action.
(2) In subsection (5) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.
Similar to the preceding section, this updates the list of parties who must be informed about the continuation ballot, requiring notification to the employer responsible for the majority of union members currently participating in the action.
(3) In subsection (6) after “concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.
This amends subsection (6) to ensure the employer employing the majority of participating union members receives the required statutory notifications regarding the continuation ballot.
(4) In subsection (7) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.
This consistently updates subsection (7) to include notification to the employer who employs the majority of the union members actively engaged in the continuing industrial action.
- Payments in respect of union ballots.
This section concerns financial matters related to the expenses incurred by trade unions when conducting ballots.
(1) Section 16 of the Trade Union Act 1984 (payments in respect of union ballots) shall be amended as follows.
The Act modifies Section 16 of the Trade Union Act 1984, which details the financial provisions, including reimbursement or entitlement to payments, associated with holding statutory ballots.
(2) In subsection (1) after “the Commission” there shall be inserted “or, where the ballot was conducted by the Certification Officer, under arrangements made by the Certification Officer” and for “the Commission” there shall be substituted “the Certification Officer”.
This substitutes references to the 'Commission' with 'Certification Officer' in relation to financial arrangements for ballots conducted by the Officer, reflecting delegated or updated administrative responsibility for handling ballot payments.
(3) In subsection (3) for “the Commission” there shall be substituted “the Certification Officer”.
This substitution clarifies that the Certification Officer, rather than the former Commission, now handles the relevant responsibilities described in this subsection concerning ballot payments.
(4) In subsection (4) for “the Commission” there shall be substituted “the Certification Officer”.
This amendment ensures that communication regarding payments and compliance related to ballots is directed to or managed by the Certification Officer.
(5) In subsection (6) for “the Commission” there shall be substituted “the Certification Officer”.
The change here specifies that the Certification Officer is responsible for determining or overseeing the matters described under subsection (6) concerning union ballot payments.
PART II
Miscellaneous Amendments of Employment Rights Act 1990
The second part of the Act introduces miscellaneous amendments that modify various sections of the primary Employment Rights Act 1990 statute.
- Right to time off for union learning representatives.
This section establishes a right for union learning representatives to take time off work for specified learning activities.
(1) After section 168 of the Employment Protection Act 1975 there shall be inserted the following section— “Right to time off for union learning representatives”, and the expression “Learning representative” in section 168(4) of that Act (offences) shall be construed as including a trade union learning representative.
Legislation is inserted after Section 168 of the Employment Protection Act 1975 to create a specific right for trade union learning representatives (TULRs) to be granted time off work.
The definition of an offense related to these representatives is also updated to include TULRs.
(2) The provisions of Schedule 5 to the Employment Protection Act 1975 shall have effect with respect to the right to time off conferred by the section set out in subsection (1) above, but with the substitution in paragraph 3(2) of that Schedule of “or learning activities” for “or training activities” and with the insertion after “training activities” of “or learning activities”.
Schedule 5 of the Employment Protection Act 1975 now governs this new right to time off.
Specifically, the schedule is modified to explicitly include 'learning activities' alongside 'training activities' as valid reasons for taking the time off.
(3) In section 100(2)(a) of the Employment Rights Act 1990 after “section 168(4) of the Employment Protection Act 1975” there shall be inserted “or for purposes connected with his right to time off under section 168A (as inserted by the Employment Rights Act 1990)”.
Section 100(2)(a) of the Employment Rights Act 1990, which relates to protection from detriment, is amended to include protection for employees taking time off for the newly established role of the trade union learning representative.
- Trade union mergers, etc.
This section introduces administrative changes regarding how trade unions merge or change their fundamental structure, impacting their certification.
(1) Section 12(1) of the Trade Union (Amalgamations, &c.) Act 1914 (power of Registrar to rescind certificate of registration in case of merger, etc.) shall be amended as follows.
The Act amends Section 12(1) of the Trade Union (Amalgamations, &c.) Act 1914, which grants the Registrar power to cancel a union's registration certificate if an amalgamation or transfer of engagements occurs.
(2) After “the Registrar shall” there shall be inserted “if the requirements of this section are met,”.
The Registrar's duty to rescind the certificate is now conditional; it becomes mandatory only if the specific procedural requirements outlined in this section are satisfied.
(3) After subsection (1) there shall be inserted the following subsection:
“(1A) The requirements mentioned in subsection (1) above are that—
(a) the instrument of amalgamation or the instrument of transfer making provision for the merger or transfer was, as the case may be, made in consequence of a transfer of engagements where a ballot of the members of the union concerned was taken, and such ballot was in favour of the merger or transfer by a majority of the members voting;
(b) there was sent to the Registrar, within the time prescribed by the foregoing provisions of this Act, a copy of the instrument;
(c) the Registrar has received from the union a declaration in writing signed by the president and the general secretary of the union that the requirements of the foregoing provisions of this Act relating to the making and approval of the instrument or transfer have been complied with; and
(d) the Registrar is satisfied that the requirements of the foregoing provisions of this Act relating to procedure on the making of the instrument or transfer have been complied with.”
A new subsection (1A) outlines the specific conditions precedents to the Registrar rescinding the certificate.
These conditions require evidence that a member ballot favoured the merger/transfer, that the official documents were submitted to the Registrar on time, and that the union leadership formally declared all procedural requirements under existing laws were met and complied with.
(4) In subsection (2) for “subsection (1) above” there shall be substituted “subsection (1) or (1A) above” and for “the instrument” there shall be substituted “the instrument of amalgamation or transfer”.
This updates references within subsection (2) to refer to the newly inserted subsection (1A) as well as the original subsection (1).
It also clarifies that 'the instrument' refers specifically to the instrument of amalgamation or transfer.
(5) In section 13 of that Act (effect of rescinding certificate) for “subsection (1)” there shall be substituted “section 12(1) or (1A) above” and for “the Registrar” there shall be substituted “the Registrar of Trade Unions”.
Section 13, concerning the legal consequences when a certificate is rescinded, is revised to reference the new conditional power under Section 12 and clarifies that the responsible officer is the 'Registrar of Trade Unions'.
PART III
General
This final part contains general administrative and commencement provisions for the Act.
- Short title, interpretation and commencement.
This section establishes the official short title of the Act, defines key terms used throughout the legislation, and sets out when the provisions come into legal effect.
(1) This Act may be cited as the Employment Rights Act 1990 and shall be construed as one with the Employment Protection Act 1975, the Trade Union Act 1984 and the Employment Rights Act 1990.
The official short title is confirmed as the Employment Rights Act 1990.
Furthermore, the Act must be interpreted in conjunction with, and as part of, the Employment Protection Act 1975, the Trade Union Act 1984, and the existing Employment Rights Act 1990 legislation.
(2) In this Act “the Certification Officer” means the officer appointed under section 10(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
This defines 'the Certification Officer' for the purposes of this Act, identifying this role as the official appointed under Section 10(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
(3) This Act shall come into force on the expiration of the period of two months beginning with the day on which it is passed.
The operational commencement date for all provisions within this Act is set as the end of the two-month period following the day the Act receives Royal Assent.
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