Trade Unions (Wales) Act 2017 Comes into Force

The Act amends provisions within the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), as amended by the Trade Union Act 2016. Specifically the Act disapplies the following provisions of the 2016 Act in relation to 'devolved Welsh Authorities':

• restrictions on deduction of union subscriptions from wages by employers
• powers to require information on facility time to be published and to impose requirements on public sector employers in relation to paid facility time
• the requirement of 40% ballot support for industrial action in important public services

What Is the Purpose of the Act?

In introducing this Act, the Welsh Government explained that it is seeking to protect its social partnership model, whereby it aims to ensure a balance in the relationship between trade unions and employers. The initial explanatory notes set out that the approach taken in this Act is 'distinctly different to the more adversarial approach to industrial relations taken in England’.

What Does This Mean for Industrial Action?

The introduction of the Act means a divergence of approach to industrial action across the UK. Whilst devolution inevitably results in different approaches, it is possible that in this instance there may be some initial confusion as to the rules on industrial action. Some people have questioned whether the Act would apply where there is a ballot which covers both England and Wales.

For the time being the answer to this, and other questions about the use of the Act, remain uncertain. It is possible that these issues will only be clarified when industrial action is proposed.

For more information, please contact Allison Cook in our Employment Law team on 0117 314 5466.