The government is poised to scrap the legal requirements that determine the proportion of union members who must vote in favour of strike action for it to be considered lawful.
This move is expected as part of a broader overhaul of workers’ rights, with the repeal of the Trade Union Act central to the proposed changes.
Reports suggest that the bill to repeal these restrictions will be introduced by mid-October. The decision follows recent criticism from senior Conservative figures who have accused Prime Minister Sir Keir Starmer of being overly influenced by unions, particularly in light of recent pay agreements with train drivers and junior doctors.
Shadow Home Secretary James Cleverly recently accused the government of being “played by its union paymasters.” In contrast, Labour has defended its actions, asserting that it is fulfilling its election commitments.
The Trade Union Act, passed in 2016 by the previous Conservative government, was designed to ensure that strike action could only proceed with a “clear and positive democratic mandate” from union members. The Act set stringent minimum thresholds for strike ballots: a 50 percent turnout requirement for all unions and a 40 percent approval from the entire membership for those in public services such as health, education, and transport.
An infringement on workers’ rights
Labour, however, has long criticised the Act as an infringement on workers’ rights. According to sources, the government remains committed to its promise of repealing the legislation within its first 100 days in office. A Labour insider commented that the repeal marks a shift away from the Conservatives’ “scorched-earth approach to industrial relations” towards a “new era of partnership” among unions, employers, and the government.
In addition to repealing the Trade Union Act, the government also plans to eliminate rules introduced last year that restricted strike actions among key workers, including teachers, firefighters, and train workers. These rules, which would have required train companies to operate at 40 percent capacity and fire services to maintain 73 percent of their fleet during strikes, have not been enforced during any disputes and are now set to be formally abolished.
The Labour government views these changes as aligning the UK with “high-growth economies” where greater cooperation between workers and employers leads to less disruption and more sustainable economic growth.
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.
