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Workers to be given twice as long to strike under Government proposals

Under existing legislation, if workers vote to strike, the mandate expires after six months and another poll must be carried out.

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Workers would be given twice as long to strike under proposals being considered by the Government.

Unions could be able to stage walkouts for up to a year after balloting members, according to a consultation document produced by the Department for Business and Trade.

Under existing legislation, if workers vote to strike, the mandate expires after six months and another poll must be carried out for any following action to be valid.

Cabinet meeting
Business and Trade Secretary Jonathan Reynolds and Angela Rayner said Tory ministers were to blame for a wave of strikes under the previous government.

The Government said doubling this time period would “strike the correct balance” between ensuring action is based on a recent vote and reducing the need for “costly and time-consuming” re-ballots.

The proposed measures are part of a major overhaul of workers’ rights overseen by Deputy Prime Minister Angela Rayner and Business Secretary Jonathan Reynolds.

The Employment Rights Bill, which had its second reading in the Commons this week, seeks to improve employment conditions through changes including reforms to parental leave and protection from unfair dismissal.

Strikes would also need only a simple majority in a vote instead of the 50% turnout required at present for the result to be legally valid at present under Government plans.

Existing rules mean that 10% of a workforce must be union members for an application to be made to get recognition to negotiate with employers, but ministers are planning to lower this to 2%.

The Government is also considering relaxing requirements on unions to show that they have repudiated so-called “wildcat” strikes by workers which they have not authorised or organised.

A general notice posted online and notifying the officials and employers involved could be enough to show it does not support the action, rather than the present requirement to give individual written notice to all staff believed to be taking part, the consultation document suggests.

The Bill came under heightened scrutiny on Monday after Whitehall’s own economic analysis showed it could cost businesses up to £5 billion a year, with opposition critics claiming it would create an “existential crisis” for some firms.
Ministers have argued the reforms are aimed at ensuring industrial relations are based on proportionality and accountability.

In a foreword to the consultation document, Ms Rayner and Mr Reynolds said the Government wanted to repeal “ideological, ineffective anti-union
legislation” introduced under the Tories.

They said that under the Conservatives, “strikes did not happen because workers or trade unions had too much power” but because “ministers chose to avoid grown-up negotiation.”

“Our existing framework for industrial relations and collective bargaining is full of inefficiencies and anachronisms that work against cooperation, compromise and collaboration,” they said.

“We want to create a positive and modern framework for trade union legislation that delivers productive and constructive engagement, respects the democratic mandate of unions, and works to reset our industrial relations.”

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