The BMA has welcomed measures to strengthen workers’ access to strike action, following the latest raft of changes to the law enacted by the Government.
The association has heralded changes to industrial action laws, as the latest provisions of the ERA (Employment Rights Act) were this week implemented by the Government.
The act, which was granted Royal Assent in December, seeks to repeal previous laws brought in under previous governments, such as the Trade Union Act 2016 and Labour Relations (Consolidation) Act 1992, which placed restrictions and limitations on workers’ right to strike.
The latest changes that come into force in law include the overturning of the 40 per cent of total workforce support threshold imposed on public sector workers and the extension of strike mandates from six to 12 months following a ballot.
Other provisions brought into force include the removal of the two-week notice of industrial action that had previously been legally required to give to employers, with this notice period now reduced to 10 days.
Electronic ballot
Other aspects of the act supported by the BMA, such as the right to use electronic balloting and the removal of the 50 per cent turnout threshold applied to ‘important public services’ such as doctors, are expected to come into force later this year.
Describing the 50 per cent threshold as an arbitrary measure hindering collective action, the BMA has pledged to continue pressing the Government for its abolition.
The association will also continue to lobby for the introduction of electronic ballots, a move the association says will more reliably ensure fair and representative ballots.
Commenting on the latest changes to the law under the ERA, BMA council deputy chair Emma Runswick said it was vital the Government continued to push towards fully implementing its provisions.
She said: ‘Removing some of the most damaging anti‑union red tape is a vital first step but it is now crucial the Government implements the act’s delayed changes, including the introduction of electronic balloting and scrapping the 50 per cent turnout threshold.
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‘Strong, effective trade unions are essential for good labour relations. These changes will help ensure employers and government take staff concerns into account rather than relying on anti-union legislation limiting the action unions can take.
‘Of course, no change in process will fix the crisis in the NHS. Real progress can only be made when the Government commits to rebuilding trust and improving the working lives of staff across the health service.’
Other changes to the law brought into force include the scrapping of provisions requiring trade unions to have elected official supervisors on picket lines to make these legally compliant.
The act restored protections previously afforded to those taking industrial action in the form of a 12-week period of protection against dismissal for those engaged in strikes.