Recommendation 2

Any measure that interferes with Article 11 rights must have consequences that are foreseeable for those affected by it. We are concerned that the requirement for trade unions to take “reasonable steps” to ensure their members comply with a work notice issued by an employer does not provide the clarity needed to guarantee that trade unions and employees will know when this duty has been met and when it has not. Given the serious consequences of a failure to meet this duty, greater clarity is needed in the Bill. As drafted, the provision requiring trade unions to take “reasonable steps” may fall foul of the requirements of Article 11.