The Labour Party's ‘Make Work Pay’ plan, as detailed in the document and further elaborated in the King's Speech of July 2024, introduces several reforms aimed at empowering trade unions and enhancing the rights of union members. These reforms reflect Labour's commitment to strengthening collective bargaining and improving industrial relations in the UK.
Modernising Trade Union Legislation
Labour's plan includes a comprehensive update of trade union legislation to align it with the needs of a modern economy. This involves removing unnecessary restrictions on trade union activities and ensuring industrial relations are based on good faith negotiation and bargaining. The objective is to replace the Conservatives' approach with a cooperative partnership between trade unions, employers, and the government​​.
Key legislative updates include:
- Repealing the Trade Union Act 2016 and the Minimum Service Levels (Strikes) Bill, which have imposed significant constraints on trade union activities.
- Modernising the rules governing trade union statutory ballots by allowing secure electronic balloting and workplace ballots. This change aims to increase democratic engagement and turnout among union members​.
Statutory Recognition and Right of Access
Labour plans to simplify the process for statutory union recognition, making it easier for workers to organise through trade unions. This includes:
- Reviewing the statutory recognition thresholds and removing the requirement that unions show at least 50% support before the recognition process begins.
- Ensuring workers in precarious and gig-economy sectors have a meaningful right to organise​.
Moreover, according to the Make Work Pay plan [LINK] Labour will introduce new rights for trade unions to access workplaces for recruitment and organising purposes. This will involve:
- Establishing a transparent framework and clear rules for union access, designed in consultation with unions and businesses.
- Ensuring union officials can meet, represent, recruit, and organise members with appropriate notice and compliance with reasonable employer requests.
Facilities Time and Informing Employees of Their Rights
Labour proposes legislation to provide sufficient facilities and time for all trade union representatives, enabling them to effectively represent and defend workers, negotiate with employers, and conduct training. New protections will be introduced to safeguard union representatives from unfair dismissal and union members from intimidation, harassment, threats, and blacklisting. Additionally, Labour proposes the introduction of statutory rights for trade union equality representatives to promote equality at work.
Employers will also be required to inform all new employees of their right to join a union, as part of the written statement of particulars provided at the start of employment. This duty will extend to informing all staff on a regular basis​​.
Collective Bargaining and Fair Pay Agreements
Labour's plan emphasises the importance of collective bargaining in achieving fair pay and conditions. According to ‘Make Work Pay’ the party will:
- Establish a new Fair Pay Agreement (FPA) in the adult social care sector, empowering workers and trade unions to negotiate pay and conditions. This initiative aims to address recruitment and retention challenges in the sector and improve standards for those receiving care​.
Labour will consult widely on the design of FPAs, learning from successful international models, and will assess their potential benefits for other sectors. The implementation and effectiveness of FPAs will be monitored and reviewed to ensure they deliver for both workers and employers​.
Tackling Blacklisting
Labour is committed to updating anti-blacklisting regulations to address modern challenges. This includes:
- Outlawing the use of predictive technologies for blacklisting and ensuring that workers are not singled out for mistreatment without human oversight.
- Closing loopholes that allow employers to bypass anti-blacklisting laws through third-party contractors.
- Empowering regulators and Employment Tribunals to order the seizure and destruction of blacklisting lists, whether digital or not.
Conclusion
Labour's proposed reforms represent a significant shift towards empowering trade unions and improving industrial relations. By modernising trade union legislation, simplifying recognition processes, ensuring fair access, and promoting collective bargaining, Labour aims to create a more equitable and cooperative workplace environment. These changes reflect the party's commitment to strengthening the voice of workers and ensuring fair treatment and representation for all union members.
