Source · Select Committees · Business and Trade Committee
Recommendation 12
12
Accepted in Part
Amend Trade Union Act sections to improve recognition ballot complaint and limitation periods.
Recommendation
Given that an expected consequence of the Employment Right Bill may be greater recognition ballot activity within workplaces, it is essential that ministers amend section 27B of Schedule 1A of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide longer than 24 hours for complaints about the conduct of recognition ballots to be heard and addressed. The Government should further commit to reform section 39(2) of Schedule 1A of the same Act to allow the Secretary of State for Business and Trade to significantly shorten the period of limitation covering proposed bargaining unit applications through regulations. The Secretary of State should agree to consult stakeholders on such changes as part of its future consultations on industrial relations reform. We further note that the right of access during statutory recognition ballots should be further supported by the development of (a) relevant access agreement templates and (b) better resourcing to support businesses, especially small businesses, and for enforcement and compliance information support to tackle the risk of non-compliance with the decisions of the Central Arbitration Committee. (Recommendation, Paragraph 67) 38
Government Response Summary
The government is extending the time period for complaints related to an unfair practice during recognition ballots from one to five working days and will consult on a revised Code of Practice. However, it does not explicitly commit to shortening the limitation period for bargaining unit applications or to developing specific access agreement templates and better resourcing for businesses.
Government Response
Accepted in Part
HM Government
Accepted in Part
The Employment Rights Bill will simplify the process and the law around statutory recognition thresholds, so that working people have a more meaningful right to organise through trade unions. As part of that, we are bringing forwards several measures including extending the time period for complaints in relation to an unfair practice to be submitted from 1 working day to 5 working days after the close of the recognition ballot. After parliamentary passage of the Bill, we will also consult and then bring forward a revised Code of Practice on access and unfair practices during the recognition process to clarify access requirements for the recognition process. The Employment Rights Bill will pave the way for constructive, proportionate and transparent industrial relations. The Government is wary of placing additional burdens on trade union activity that risk taking them away from their core role of negotiation and dispute resolution, and also of placing additional reporting burdens on employers. However, as we bring forward a new, modern industrial relations framework the Government will work with trade unions and employers to ensure we have appropriate data to monitor industrial relations. In relation to the Workplace Employee Relations Survey, the Government recognises the importance of data in shaping good policy making. We are considering options for how to improve our data, including monitoring work on the feasibility of a linked employer employee database.