|Citation||1992 c 52|
|Territorial extent||England and Wales; Scotland; Northern Ireland|
|Royal assent||16 July 1992|
|Text of statute as originally enacted|
|Text of the Trade Union and Labour Relations (Consolidation) Act 1992 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.|
The Trade Union and Labour Relations (Consolidation) Act 1992 (c 52) is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea lies between Great Britain and Ireland. The United Kingdom's 242,500 square kilometres (93,600 sq mi) were home to an estimated 66.0 million inhabitants in 2017.
An act of parliament, also called primary legislation, are statutes passed by a parliament (legislature). Act of the Oireachtas is an equivalent term used in the Republic of Ireland where the legislature is commonly known by its Irish name, Oireachtas. The United States Act of Congress is based on it.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity. This includes the right to a minimum wage of £8.21 for over 25-year-olds under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempts to limit excessively long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
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 Trade Disputes Act 1906 was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. The Act declared that unions could not be sued for damages incurred during a strike.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.
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".
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 shops).
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.
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.
Section 186 states that a trade union recognition requirement in a contract for the supply of goods or services is void. This clause was added to the bill in the House of Lords in response to local authority practices, specifically in East Kilbride District Council, obliging their contractors to recognise and negotiate with trade unions.
Section 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, sections 219 to 246, contain the central rules regarding the ability of trade unions to organise and take part in industrial action, 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 given 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 220 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, sections 273 to 299 contains miscellaneous provisions and definitions. Some types of employment which are exempted from all or part of the Acts, including the Armed forces, Police, sailors, 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 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.
Labour law is the area of law most commonly relating to the relationship between trade unions, employers and the government.
A union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
Trade unions in Malaysia are regulated by the Trades Unions Act 1959
The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.
The Employment Relations Act 1999 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992.
The Employment Act 1982 is an Act of the Parliament of the United Kingdom, mainly relating to trade unions. It increased compensation for those dismissed because of the closed shop and restricted the immunities enjoyed by trade unions.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
The 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. It was proposed in 2006, the centenary of the Trade Disputes Act 1906, the founding statute by which unions taking strike action are not liable to employers for the lost profits of business, so long as the action is taken "in contemplation or furtherance of a trade dispute."
Indian labour law refers to laws regulating labour in India. Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, this differs due to form of government and because labour is a subject in the concurrent list of the Indian Constitution.
Wilson v United Kingdom  ECHR 552 is a UK labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions. After a long series of appeals through the UK court system, the European Court of Human Rights held that ECHR article 11 protects the fundamental right of people to join a trade union, engage in union related activities and take action as a last resort to protect their interests.
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Collective action in the United Kingdom in UK labour law is the main support for collective bargaining. Although the right to strike has attained the status, since 1906, of a fundamental human right, protected in domestic case law, statute, the European Convention on Human Rights and international law, the rules primarily codified in the Trade Union and Labour Relations (Consolidation) Act 1992 have generated significant litigation. In order for a group of workers to take strike action, they must,
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
RMT v Serco Ltd and ASLEF v London & Birmingham Railway  EWCA Civ 226 is a joined UK labour law case, concerning the right to strike under the Trade Union and Labour Relations (Consolidation) Act 1992.
The Trade Union Act 2016 is a UK labour law passed by the David Cameron administration of the UK Conservative Party. It amended the Trade Union and Labour Relations (Consolidation) Act 1992 in order to make freedom of association and collective action harder. It was fiercely opposed by all UK trade unions.