A new era for industrial relations?

Ahead of TUC Congress, our Co-Managing Director Andrew Campbell shares his thoughts on the government's flagship workers' rights legislation and its potential impact on trade unions.

The Government’s Employment Rights Bill passed its third reading in the House of Commons before the summer recess. With only the final stages before it receives royal assent, there are two big changes coming in the way unions ballot members on industrial action - but a major opportunity as well.

TUC research shows that workers in unionised workplaces have better pay, more training, better work-life balance policies, better pensions, and are less likely to leave their job.

Currently a ballot is only valid if it’s conducted by post, presenting considerable challenges, particularly when it comes to younger and more mobile workers. However, the bill hands power to the Secretary of State to allow alternative methods of voting as they see fit. We can fairly assume that online voting will soon become reality. Labour’s manifesto included a commitment to allowing online voting for this purpose, and Ministers have reiterated this pledge.

Second, an unresolved aspect is turnout thresholds. The 2016 Trade Union Act sets the threshold at 50% - meaning half of all members eligible to vote must take part. The bill removed this provision, but a House of Lords amendment reinstated it. The government can use its majority in the House of Commons to move ahead. The bill was also amended to make participation in a trade union’s political fund a matter of opting in rather than opting out, which is also difficult to imagine the government allowing to stand. At present it remains unclear.

These two aspects of the bill have the potential to change industrial relations in the UK. Since the introduction of the Trade Union Act, the process of initiating industrial action is more bureaucratic than democratic. Statutory hurdles make organising a ballot a significant undertaking, despite popular support among members.

As a result, the big opportunity for unions is around mass-member engagement throughout the campaign. By removing the barriers of the current system, it will become more important to communicate with members earlier, building support for action before the ballot begins.

Taken together, these changes will strengthen the hand of organised labour in the UK. It is uncertain whether modernising the ballot process leads to more industrial action. Counter-intuitively, this rebalancing in industrial relations gives unions leverage. Employers know that popular support can translate into a successful ballot and may want to resolve disputes before industrial action.

We help professional bodies, trade unions, and nonprofits transform their relationship with members through high-impact, personalised telephone conversations. We’ll be at TUC Congress this week and would love to talk about how we can empower member relations through one-to-one, results-driven telephone calling.

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