Update on Strike Law

11 January 2017

In the light of the industrial action this week by Southern Rail, London Underground and British Airways cabin crew, Daniel Barnett provides a useful update on the progress of the Trade Union Act 2016.

The Trade Union Act 2016 requires a vote for industrial action to have:

  • a 50% turnout from those eligible to vote; and,
  • if the strike will affect “important public services”, then at least 40% of those eligible must vote in favour.

The Act is not yet in force. However, draft statutory instruments have now been published, defining “Important public services”, which suggest the new laws will come into force on 1 March 2017.

The five statutory instruments (for five of the six specified types of ‘important public service’) are:

The Southern Rail and London Underground strikes would fall within these definitions, but the British Airways cabin crew strike would not.

With thanks to Daniel Barnett’s employment law bulletin for providing this update.