Further details of 'important public sector' workers caught by tighter ballot thresholds published

Draft regulations due to come into force on 1 March 2017 have now been published, covering the education, fire, health, transport and border security categories of employment covered by the Trade Union Act.

The Act, which received Royal Assent in May, set out a new 50% voting turnout requirement for all ballots on proposed strike action, along with an additional threshold requiring 40% support for industrial action among non-ancillary staff regardless of turnout in relation to important public services. The date from which these thresholds will apply has not yet been confirmed.

"Employers are still waiting to hear when the new rules on balloting in 'normal' workplaces will come into effect," said industrial relations expert Sarah Ashberry of Pinsent Masons, the law firm behind Out-Law.com.

"While these new rules certainly make it harder for all workers to organise collective action, strikes and action short of strike won't disappear overnight. Well-organised groups of workers will be able to exceed these thresholds, and many already do so," she said.

Employers were still waiting to see whether the government would make good on its promise to lift the ban on contracting with agency staff to cover for striking workers, she added.

"This was a Conservative manifesto commitment but there is still no firm news on whether the law will be changed to allow this," she said.

The Trade Union Act was passed to introduce several Conservative manifesto commitments on trade union reform. These include shortening the mandate for strike action following a successful ballot to six months, or nine with the agreement of the employer; requiring clearer descriptions of the nature of the dispute and the planned industrial action on the ballot paper; and doubling the amount of notice of industrial action that must be provided to the employer, as well as the new ballot thresholds. The Act also introduced more transparency over trade union subscriptions.

The draft regulations limit the additional 40% mandate to teachers and head teachers providing education to those aged under 17 at schools other than fee-paying schools and at colleges; to fire fighters and call handlers; and to Border Force officers.

Transport workers caught by the draft regulations include rail, air traffic control, airport and port security staff, but not to buses outside of London. Affected health workers include ambulance and accident and emergency staff, those working in high-dependency or intensive care units and certain emergency psychiatric and obstetric and midwifery services. Private healthcare workers are not affected.

As previously confirmed, the enhanced thresholds will only apply where the majority of those being balloted perform an important public service, and not a role that is 'ancillary' to that important public service.