As the country braces itself for the national strike of 2.6 million public sector workers on Wednesday (November 30), ministers have said they are prepared to rewrite the law to make industrial action more difficult for unions in future.
Cabinet office minister Francis Maude has dismissed the national strike as “stupid and wrong”, and has said the Government will now consider rewriting the law on industrial action which will make it more lengthy and expensive to ballot union members to call a strike.
The government is also seeking to prevent strike action if the vote has a poor turnout, and could bring in a minimum turnout rule.
According to Laura Chalkley, employment law specialist at Maxwell Hodge, as things stand, when a trade union calls for its members to take part in industrial action, the act is only official, and therefore legal, if it has the support of a ballot.
Notice to employers regarding the industrial action must be given following the ballot and received by employers at least a week before industrial action is due to take place.
This is an area the Government is considering changing, which according to Maxwell Hodge could make the process more complex and long winded.
Laura said: “The Government seems to want to set a time period whereby strike action must be taken within three months after the ballot vote, otherwise a new ballot must be carried out. This means that a ballot will be required for every period of strike action regardless as to whether it is for the same or a new issue, making the process more drawn out and costly.
“It is recognised that the balloting procedure is already costly and time consuming but whether these additional requirements imposed will be a deterrent from further strike action is hard to say at this stage.”
Laura adds: “Strike action is subject to certain restrictions, particularly in the way it is organised, to give as much notice as possible to employers and also provides a means for employees to air their collective views.
“The Government seems to be forcing the issue to a head by proposing to set quite tight deadlines. These may apply as much for an employer to seek to resolve issues as for employees to take strike action.”
Maxwell Hodge is one of the region’s leading law firms, comprising eight offices across Merseyside with a city centre office in the heart of Liverpool’s business district.
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