Trade Union Act 2016

Trade Union Act 2016 An Act to make provision about industrial action, trade unions, employers' associations and the functions of the Certification Officer. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992. In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert— in which at least 50% of those who were entitled to vote in the ballot did so, and Subsection (1) does not apply to any ballot opened before the day on which this section comes into force. For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 231 of the 1992 Act (information as to result of ballot), for the words after “all persons entitled to vote in the ballot” substitute are told— the number of individuals who were entitled to vote in the ballot, the number of votes cast in the ballot, the number of individuals answering “Yes” to the question, or as the case may be, to each question, the number of individuals answering “No” to the question, or as the case may be, to each question, the number of spoiled or otherwise invalid voting papers returned, whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, and where section 226(2B) applies, whether or not the number of individuals answering “Yes” to the question (or each question) is at least 40% of the number of individuals who were entitled to vote in the ballot. In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute— Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period, beginning with the date of the ballot— of six months, or of such longer duration not exceeding nine months as is agreed between the union and the members' employer. Subsection (1) has effect— without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and subject to the following provisions. Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which opened before the day on which this section comes into force. For section 85 of the 1992 Act substitute— A union that has a political fund must either— make a separate levy of contributions to that fund from the members who are contributors, or relieve members who are not contributors from the payment of the appropriate portion of any periodical contribution required from members towards the expenses of the union. In the latter case, the rules shall provide— that relief shall be given as far as possible to all members who are not contributors on the occasion of the same periodical payment, and for enabling each member of the union to know what portion (if any) of any periodical contribution payable by the member is a contribution to the political fund. In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the word “and” at the end of paragraph (c) substitute— that, if the union has a political fund, any form (including an electronic form) that a person has to complete in order to become a member of the union shall include— a statement to the effect that the person may opt to be a contributor to the fund, and a statement setting out the effect of paragraph (c); and In section 254 of the 1992 Act (the Certification Officer), at the end of subsection (2) insert “ (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions) ”. Schedule 2, which makes amendments to the 1992 Act in relation to the powers of the Certification Officer, has effect. The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown. after “enforced” insert “ by the Officer ” after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ” after “enforced” insert “ (by the Certification Officer or the applicant) ” after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ” after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ” after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ” after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ” after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ” In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ” section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C); section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55); section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1); section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103); section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1). Schedule 4 (minor and consequential amendments) has effect. There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided. An amendment or repeal made by this Act has the same extent as the enactment to which it relates. This Act, apart from sections 23 to 26 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument. Regulations under this section may include saving, transitional or transitory provision. This Act may be cited as the Trade Union Act 2016. Section 45C of the 1992 Act (remedies and enforcement) is amended as follows. In subsection (1), for “effect.” substitute “ effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section. ” After that subsection insert— Where an application is made to the Certification Officer under this section, the Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made. For subsection (2) substitute— Where the Certification Officer is satisfied that a trade union has failed to comply with the requirement of section 45B, the Officer may make a declaration to that effect. Before deciding the matter the Certification Officer— may make such enquiries as the Officer thinks fit, must give the union and the applicant (if any) an opportunity to make written representations, and may give the union and the applicant (if any) an opportunity to make oral representations. The Certification Officer must give reasons for the Officer's decision in writing. In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”. In subsection (7) omit “of the application”. Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows. For subsection (1) substitute— A person alleging a failure on the part of a trade union to comply with any of the requirements of this Chapter may apply for— a declaration under section 55 (by the Certification Officer), or a declaration under section 56 (by the court); but the Certification Officer may also exercise the powers under section 55 where no application is made. In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”. Section 55 of the 1992 Act (application to Certification Officer) is amended as follows. For subsections (1) and (2) substitute— Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter, either— on an application by a person having a sufficient interest (see section 54(2)), or without any such application having been made, the Officer may make a declaration to that effect. In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”. Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows. In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ” Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made. Where the Certification Officer is satisfied that a trade union has applied its funds in breach of section 71, the Officer may make a declaration to that effect. The Certification Officer— must give reasons for the Officer's decision in writing, and may make written observations on any matter arising from, or connected with, the proceedings. In subsection (6) omit “of the application”. In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”. Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows. A person alleging that a trade union— has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved, may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made. In subsection (2), for “those sections” substitute “ section 80 or 81 ”. Section 80 of the 1992 Act (application to Certification Officer) is amended as follows. Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union— Section 82 of the 1992 Act (rules as to political fund) is amended as follows. In subsection (2), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ” For subsections (2A) and (3) substitute— Where the Certification Officer is satisfied that a breach has been committed, the Officer may make such order for remedying the breach as he thinks just under the circumstances. must give a representative of the union and the complainant (if any) an opportunity to make written representations, and may give a representative of the union and the complainant (if any) an opportunity to make oral representations. In subsection (3A) omit “of the application”. In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”. Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows. In the heading, for “Complaints” substitute “ Powers of Certification Officer ”. In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ” Omit subsection (2A). In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”. must give the union and the complainant (if any) an opportunity to make written representations, and may give the union and the complainant (if any) an opportunity to make oral representations. In subsection (4) omit “on a complaint”. In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”. Omit section 24C and sections 24ZH to 24ZK of the 1992 Act (which are superseded by the inserted Schedule set out in Schedule 1 to this Act). In section 45D of the 1992 Act (appeals from Certification Officer)— omit “24C,”; In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute— For this purpose the question whether industrial action is regarded as having the support of a ballot shall be determined in accordance with section 226(2). In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute— the making of contributions to that fund by members, In subsection (1), for paragraph (b) substitute— that a member of the union who is not a contributor (see section 84) shall not be under any obligation to contribute to the political fund; In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”. Section 86 of the 1992 Act is amended as follows. For the heading substitute “ Employer not to deduct contributions where member gives certificate ”. In section 91 of the 1992 Act (rules to cease to have effect), in subsection (4), for the words before paragraph (a) substitute “ A member of a trade union who has at any time not been a contributor to its political fund shall not for that reason— ”. In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”. In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”. In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), omit the word “and” at the end of sub-paragraph (ii). In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute— Industrial action shall be regarded as having the support of a ballot only if— it is called by a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3), and there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot. In section 234 of the 1992 Act (period after which ballot ceases to be effective)— in subsection (3) omit the words after paragraph (b); in subsection (6) omit the second sentence. Section 254 of the 1992 Act (the Certification Officer) is amended as follows. In subsection (5A) omit “Subject to subsection (6),”. Omit subsection (6). In section 256 of the 1992 Act (procedure before the Certification Officer), in subsection (1)(c), for the words after “declaration or” substitute “ order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3 ”. After section 297 of the 1992 Act insert— For the purposes of this Act, the number of persons voting in a ballot includes those who return ballot papers that are spoiled or otherwise invalid. In section 298 of the 1992 Act (minor definitions: general), at the appropriate place insert— “legal professional privilege”, as respects Scotland, means confidentiality of communications; In section 299 of the 1992 Act (index of defined expressions), at the appropriate places insert— Article 71 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)) (application to Great Britain unions and members) is amended as follows. In paragraph (3)— for “exempt from the obligation to contribute” substitute “ not a contributor ”; for “so exempt” substitute “ not a contributor to that fund ”. Omit paragraph (5)(b). In consequence of the amendments made by this Act, omit the following— in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8; in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6; in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1. S. 1 in force at 3.11.2016 by S.I. 2016/1051, reg. 3(a) S. 11 in force at 5.12.2016 for specified purposes by S.I. 2016/1170, reg. 2(b) S. 2 in force at 1.3.2017 by S.I. 2017/139, reg. 2(a) S. 6 in force at 1.3.2017 by S.I. 2017/139, reg. 2(d) S. 9 in force at 1.3.2017 by S.I. 2017/139, reg. 2(g) S. 11 in force at 1.3.2017 in so far as not already in force by S.I. 2017/139, reg. 2(i) S. 22 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n) Sch. 4 para. 4 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) Sch. 4 para. 5 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 6 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 7 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 8 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 10 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 11 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4) Sch. 4 para. 12 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) Sch. 4 para. 13 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) Sch. 4 para. 14 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) Sch. 4 para. 17 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii) Sch. 4 para. 18 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii) Sch. 4 para. 19 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii) Sch. 4 para. 20 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii) (with reg. 4) Sch. 4 para. 21(a)(c) in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(iii) S. 17 in force at 8.12.2021 for specified purposes by S.I. 2021/1373, reg. 3(a) Sch. 2 para. 7(1)(3) in force at 8.12.2021 for specified purposes by S.I. 2021/1373, reg. 3(a) S. 19(3)(4) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(c) (with reg. 15) Sch. 2 para. 7(2)(4)(5) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 13) Sch. 2 para. 7(1)(3) in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(b) (with reg. 13) Sch. 4 para. 21(b) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e) S. 16 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(a) S. 17 in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(b) (with regs. 5-14) S. 21 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(d) (with reg. 16) S. 22 in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(e) Sch. 2 para. 1 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 7) Sch. 2 para. 2 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 8) Sch. 2 para. 3 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 9) Sch. 2 para. 4 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 10) Sch. 2 para. 5 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 11) Sch. 2 para. 6 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 12) Sch. 2 para. 8 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 14) Sch. 4 para. 1 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e) Sch. 4 para. 3 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e) Sch. 4 para. 15 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e) Sch. 4 para. 16 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e) Sch. 1 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(ii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15) Sch. 3 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 84(4)(b), 159(2)(p) Words in Sch. 2 heading omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(i), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16) S. 3 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 69(4), 159(2)(f) S. 4 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 73(1), 159(2)(j) (with s. 73(2)) S. 5 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 71(2), 159(2)(h) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 8) S. 7 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 79(2), 159(3); S.I. 2026/3, reg. 3(9) S. 8 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 74(2), 159(2)(k) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 10) S. 10 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 75(2), 159(2)(l) S. 11(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b) S. 11(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b) S. 11(5)-(8) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b) S. 12 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 80(7), 159(2)(m) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 13) S. 13 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 66(2), 159(2)(d) S. 14 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 66(2), 159(2)(d) S. 15 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 63(2), 159(2)(c) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 5) S. 17(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(i), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15) S. 17(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(i), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15) Words in s. 17(3) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 83(10)(a), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16) S. 18 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(a), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14) S. 19(1)-(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 84(4)(a), 159(2)(p) Sch. 2 para. 3(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(ii), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16) Sch. 2 para. 6(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(iii), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16) Sch. 4 para. 2 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(iii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15) Sch. 4 para. 3(b) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(iii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15) Sch. 4 para. 7(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(b)(i), 159(2)(b) Sch. 4 para. 9 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(b)(ii), 159(2)(b) S. 20 omitted (1.4.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 85(4), 159(3); S.I. 2026/323, reg. 2