Creating a modern framework for industrial relations

We’d like to gather your views on the government’s consultation to modernise the legislative framework that underpins trade unions.

To help us do this we are seeking the views from members of HR and payroll to provide a response to our surveys on behalf of your organisation or as an individual. This will enable us to coordinate a collective employer response.

The NHS has a proud history of union recognition and effective partnership working. We will be responding to this consultation on behalf of NHS organisations and will be focussing on issues relating to industrial action.

We need to hear from you on the following:

• The measures you think are necessary to ensure that the new framework balances the interests of workers, health service employers and the public – including the impact on patient safety?
• The information you would need to see from trade unions before and after they ballot for industrial action, the impact of only receiving this seven days in advance and any other practical considerations that would help you plan for and mitigate the impact of strike action.
• The level of participation in ballots and the proportion of votes in favour of striking you think should be specified in regulation before action could be taken.
• Other issues relating to working with trade unions and industrial action that you think would benefit from regulation (this could include provisions specific to health and emergency services that balance service requirements and matters of patient safety with union members’ rights to take action, or matters relating to derogations for example).

More information on the consultation 

The Employment Rights Bill 2024, will repeal the majority of the Trade Union Act 2016.  This will lead to changes to several current practices and provisions including:

• no longer being able to charge for the administration of deduction of contributions at source (DOCAS), also known as check off
•  facilities time 
• industrial action ballots and mandates.

We will provide further details on the bill in due course – the effective date of which is not expected to be before Autumn 2026.

In readiness for this the government is seeking views on several specific issues: 

• strengthening provisions to prevent unfair practices during the trade union recognition process
• removing the 10-year ballot requirement on political funds
• simplifying the amount of information unions are required to provide in industrial action ballots and reducing the requirement to provide this information from 14 days to seven days
• securing a mandate for negotiation and dispute resolution (ie thresholds/turnout/participation)
• extending the expiry of strike mandates from six months to 12 months 
• updating the law on repudiation and prior call
• the enforcement mechanism for right of access.

Access the full consultation on the GOV.UK website.