The main legislation that governs trade union recognition and industrial action is:
- Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)
- Trade Union Reform and Employment Rights Act 1993 (TURERA)
- Employment Relations Act 1999
- Employment Relations Act 2004
- Working Time Regulations 1998 (SI 1998/1833)
- Trade Union Recognition (Method of Collective Bargaining) Order 2000 (SI 2000/1300)
- Employment Code of Practice (Access to Workers during Recognition and Derecognition Ballots) Order 2000 (SI 2000/1433)
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319)
- Information and Consultation of Employees Regulations 2004 (SI 2004/3426)
- Employment Code of Practice (Access and Unfair Practices during Recognition and Derecognition Ballots) Order 2005 (SI 2005/2421)
- Employment Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2005 (SI 2005/2420)
- Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493)
- Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014.
The Human Rights Act 1998 gives a legal right of 'freedom of assembly and association' (Article 11). The European Social Charter 1961 also provides a ’right to organise’ to protect the freedoms of workers and a ’right to bargain collectively’ which includes the right to take collective action, including strike action, subject to obligations in such arrangements (Articles 5 and 6).
For information on the consultation obligations relating to redundancy under the Trade Union and Labour Relations (Consolidation) Act 1992 and the recent changes see our Redundancy collective consultation Q&As.