Trade Union and Labour Relations (Consolidation) Act 1992
Encyclopedia
The Trade Union and Labour Relations (Consolidation) Act 1992 (c 52) is a UK
Act of Parliament
which regulates British labour law. The Act applies in full in England and Wales
and in Scotland
, and partially in Northern Ireland
.
The law contained in the Act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906
. Underneath a mass of detail, four main principles can be found in the main parts of the Act. The Act's effect is to,
The Act has undergone significant amendments, due to failures in the original drafting to comply with international labour rights standards.
Part II consists of a single section 122, which defines the term "employer association".
It bans agreements or terms in employment contracts which require, prohibit, or discriminate on the basis of union membership (i.e. requiring open shop
s).
Chapter II, sections 188 to 196 sets out the procedures that an employer must follow if there are known to be a possibility of many redundancies in the workplace. The duty of an employer is to inform and consult with the union (or if there is no union, elected representatives of the employees) with a view to minimising potential redundancies and ameliorating the effects on the workforce. The duty to consult arises at a minimum of 90 days before the redundancies are contemplated, if there would be over 100 employees dismissed. If the number is under 100, but over 20, then the employer must begin consultations 30 days before. There is no duty for collective consultation if the number of redundancies would be under 20 people, though an employer will still be bound by provisions in the employees' individual contracts, and the duty to give reasonable notice in ERA 1996 section 86. If redundancies are unforeseeable, when consultation could not be reasonably done in time, then section 188(7) absolves the employer of the need to pay compensation. Otherwise, failure to properly consult means the employer must pay one week's wages to each employee for each week missed.
Chapters III and IV, sections 199 to 218, set out the functions of the Advisory, Conciliation and Arbitration Service (ACAS) and its power to issue codes of practice.
, including strike action
. These rules are interpreted in accordance with the European Convention on Human Rights
article 11
which protects the freedom of association, which is itself inspired by the predecessors to TULRCA 1992 in the United Kingdom.
Section 219 contains out the historical immunity of trade unions to support their ability to be involved in collective bargaining
, that have existed since the Trade Disputes Act 1906
. Section 219 states that a trade union is not liable to an employer or other party for economic loss which may be caused "in contemplation or furtherance of a trade dispute".
Section 224 places a prohibition on secondary strike action.
Sections 226 to 235 contain the requirements of a union to conduct a ballot and give notice to the employer of any industrial action that is agreed upon. Section 226 requires that there is a ballot, unless, according to section 226C there are under 50 workers entitled to vote. Under section 226A, a sample ballot paper must be give to the employer 3 days before the vote takes place and 7 days notice must be given, with information on which employees are taking part in the vote. Section 226B requires that the vote may be scrutinised, and any costs for this must be to be paid for by union (cf ERA 1999 s 228A). The vote must be equal, there must be separate ballots for each workplace establishment and the question put to members about industrial action must be framed in a simple "yes" or "no" fashion. Moreover, section 229(4) requires the union to tell the workforce that any industrial action potentially infringes their contracts of employment, but also that they will be protected by unfair dismissal law. Employers do not pay for the costs, so unions themselves must pay for the cost of the ballot and any outcome must be immediately publicised.
A potential, and dangerous pitfall, is that if a vote involves procedural defect, it is at risk of being invalidated. This is so if any member is denied the vote, though small accidental failures may be disregarded. A person must be specified in advance to announce the ballot results, and unions may not endorse any result of the vote until that has happened. The ballot only gives four weeks' to the union to take action, though this period may be extended with the employers' consent, which is common if collective negotiations are ongoing. If all else has failed, then for industrial action to commence the union must under section 234A(4) give at least seven days notice, accompanied with details of the workers to take part.
Part VI, sections 247 to 272, contain administrative provisions relating to ACAS
and the Central Arbitration Committee.
Section ?? protects workers taking part in industrial action, including picketers who are acting in connection with an industrial dispute at or near their workplace who are using their picketing to peacefully obtain or communicate information or peacefully persuading any person to work or abstain from working.
, Police
, sailor
s, and those employed abroad.
Section 295 contains the meaning of "employee" as a person with a "contract of service" and section 296 states a "worker" is someone with a contract to personally perform work who is not a professional client.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
which regulates British labour law. The Act applies in full in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, and partially in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
The law contained in the Act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906
Trade Disputes Act 1906
The Trade Disputes Act 1906 was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman...
. Underneath a mass of detail, four main principles can be found in the main parts of the Act. The Act's effect is to,
- define trade unions and state they are the subjects of legal rights and duties
- protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment
- provide a framework for a union to engage in collective bargainingCollective bargainingCollective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
for better workplace or business standards with employers - protect the right of workers in a union to take action, if necessary by strike, to support and defend their interests, when reasonable notice is given, and action is "in contemplation or furtherance of a trade dispute
The Act has undergone significant amendments, due to failures in the original drafting to comply with international labour rights standards.
Part I, Trade unions
Chapter I, sections 1 to 9, outlines the meaning of independent trade unions. Chapter II, sections 10 to 23, elaborates on the legal status of trade unions and their rights and duties in possessing property and being sued in court. Chapter III, sections 24 to 45, concern internal administration requirements of a union, such as the duty to make accounts and get audits, and the duty to supply a copy of the rule book to any person for a reasonable price. Chapter IV, sections 46 to 56A, involves the procedures for union representatives to be elected. Chapter V, sections 62 to 70, sets out the rights of trade union members to a ballot before any strikes, access to courts, disciplinary procedures, subscriptions and leaving the union. Chapters VI to VIIA, sections 71 to 108C, involve rules restricting the donation of union funds for political purposes and the payment of contributions to a union. Chapter IX, sections 117 to 121, is a number of miscellaneous provisions and definitions.Part II consists of a single section 122, which defines the term "employer association".
Part III, Union activity rights
Sections 137 to 177 detail the rights that a person has when participating in union activities.It bans agreements or terms in employment contracts which require, prohibit, or discriminate on the basis of union membership (i.e. requiring open shop
Open shop
An open shop is a place of employment at which one is not required to join or financially support a union as a condition of hiring or continued employment...
s).
Part IV, Industrial relations
Chapter I, sections 178 to 187, involves the ground rules for collective bargaining. Section 179 provides that a collective agreement is deemed to be not legally enforceable unless it is in writing and contains an explicit provision asserting that it should be legally enforceable. This reflects the tradition in British industrial relations policy of legal abstentionism from workplace disputes.Chapter II, sections 188 to 196 sets out the procedures that an employer must follow if there are known to be a possibility of many redundancies in the workplace. The duty of an employer is to inform and consult with the union (or if there is no union, elected representatives of the employees) with a view to minimising potential redundancies and ameliorating the effects on the workforce. The duty to consult arises at a minimum of 90 days before the redundancies are contemplated, if there would be over 100 employees dismissed. If the number is under 100, but over 20, then the employer must begin consultations 30 days before. There is no duty for collective consultation if the number of redundancies would be under 20 people, though an employer will still be bound by provisions in the employees' individual contracts, and the duty to give reasonable notice in ERA 1996 section 86. If redundancies are unforeseeable, when consultation could not be reasonably done in time, then section 188(7) absolves the employer of the need to pay compensation. Otherwise, failure to properly consult means the employer must pay one week's wages to each employee for each week missed.
Chapters III and IV, sections 199 to 218, set out the functions of the Advisory, Conciliation and Arbitration Service (ACAS) and its power to issue codes of practice.
Part V, Industrial action
Part V, sections 219 to 246, contain the central rules regarding the ability of trade unions to organise and take part in industrial actionIndustrial action
Industrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
, including strike action
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
. These rules are interpreted in accordance with the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
article 11
Article 11 ECHR
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".-Case law:*Plattform "Ärzte für das...
which protects the freedom of association, which is itself inspired by the predecessors to TULRCA 1992 in the United Kingdom.
Section 219 contains out the historical immunity of trade unions to support their ability to be involved in collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
, that have existed since the Trade Disputes Act 1906
Trade Disputes Act 1906
The Trade Disputes Act 1906 was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman...
. Section 219 states that a trade union is not liable to an employer or other party for economic loss which may be caused "in contemplation or furtherance of a trade dispute".
Section 224 places a prohibition on secondary strike action.
Sections 226 to 235 contain the requirements of a union to conduct a ballot and give notice to the employer of any industrial action that is agreed upon. Section 226 requires that there is a ballot, unless, according to section 226C there are under 50 workers entitled to vote. Under section 226A, a sample ballot paper must be give to the employer 3 days before the vote takes place and 7 days notice must be given, with information on which employees are taking part in the vote. Section 226B requires that the vote may be scrutinised, and any costs for this must be to be paid for by union (cf ERA 1999 s 228A). The vote must be equal, there must be separate ballots for each workplace establishment and the question put to members about industrial action must be framed in a simple "yes" or "no" fashion. Moreover, section 229(4) requires the union to tell the workforce that any industrial action potentially infringes their contracts of employment, but also that they will be protected by unfair dismissal law. Employers do not pay for the costs, so unions themselves must pay for the cost of the ballot and any outcome must be immediately publicised.
A potential, and dangerous pitfall, is that if a vote involves procedural defect, it is at risk of being invalidated. This is so if any member is denied the vote, though small accidental failures may be disregarded. A person must be specified in advance to announce the ballot results, and unions may not endorse any result of the vote until that has happened. The ballot only gives four weeks' to the union to take action, though this period may be extended with the employers' consent, which is common if collective negotiations are ongoing. If all else has failed, then for industrial action to commence the union must under section 234A(4) give at least seven days notice, accompanied with details of the workers to take part.
Part VI, sections 247 to 272, contain administrative provisions relating to ACAS
ACAS
ACAS may refer to:In aviation:* Airborne Collision Avoidance System, an International Civil Aviation Organization standard* Assistant Chief of the Air Staff, a senior appointment in the Royal Air ForceIn other fields:...
and the Central Arbitration Committee.
Section ?? protects workers taking part in industrial action, including picketers who are acting in connection with an industrial dispute at or near their workplace who are using their picketing to peacefully obtain or communicate information or peacefully persuading any person to work or abstain from working.
Part VII, Miscellaneous and general
Part VII, sections 273 to 299 contains miscellaneous provisions and definitions. Some types of employment which are exempted form all or part of the Acts, including the Armed forcesBritish Armed Forces
The British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
, Police
Policing in the United Kingdom
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England & Wales, Northern Ireland and Scotland ....
, sailor
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s, and those employed abroad.
Section 295 contains the meaning of "employee" as a person with a "contract of service" and section 296 states a "worker" is someone with a contract to personally perform work who is not a professional client.
Schedule A1
Schedule A1 sets out a complicated and detailed procedure for statutory recognition of a trade union by an employer. This was introduced by the Employment Relations Act 1999 section 1 and Schedule 1. The recognition procedure is triggered where unions represent over half of employees or particular groups of employees in a workplace.See also
- UK labour law
- Trade Union Freedom BillTrade Union Freedom BillThe Trade Union Freedom Bill is a proposal by the United Kingdom Trades Union Congress for legislation which would give greater freedom to unions and their members to collectively bargain and take action to support their interests...
- Employee Free Choice ActEmployee Free Choice ActThe Employee Free Choice Act was a legislative bill that was introduced into both chambers of the U.S. Congress on March 10, 2009. The bill's purpose was to,...
, a proposed US bill
- British Airways Plc v Unite the Union (17.12.2009) Unreported, concerning TULRCA 1992 s 234A and s 232B