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':
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’.
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.