Justin Madders
MP for Ellesmere Port and Bromborough · Labour · United Kingdom
“Friend the Member for Dunstable and Leighton Buzzard asked about, will consider the points raised in this debate and whether any of them can be put into future updates to guidance. As was mentioned, good passenger information is central to standards.”
“As the roads Minister, I of course recognise the importance of bus stops and the important effect they have on the streetscape. My hon. Friend the Member for Dunstable and Leighton Buzzard made clear that she is passionate and informed about the importance of bus journeys to everyone.”
“Where responsibility for highways or individual assets sits elsewhere, close and effective working between the relevant authorities is essential. We expect local plans to join up services, infrastructure and passenger information, rather than treating them as separate issues. That will no doubt be music to the ears of my hon.”
“Our guidance encourages authorities to take a strategic approach to stops and interchanges, including keeping an inventory of infrastructure, identifying priorities for investment and setting locally appropriate standards for facilities and maintenance.”
“She is absolutely right that the quality of a bus stop is about more than accessibility, although of course accessibility is vital. Passengers notice whether a stop is easy to find and use, whether it offers shelter or seating where appropriate, whether it is clean, whether the surroundings feel safe and well maintained and, as we have di…”
“That approach reflects a simple principle: local transport authorities know their areas and are best placed to plan improvements across the whole local bus network. That is why the Department’s vision for buses, within an integrated transport system, puts local transport authorities at the centre of delivery.”
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“The clause therefore carries over and consolidates offences from predecessor legislation to create a single offence of providing false information. The clause provides that an offence is committed when a person “produces, or knowingly causes or allows to be produced, any information or document” that is materially false. It provides that an offence is committed when the person providing information is either aware that it is false when providing it or has not taken reasonable action to confirm its accuracy. The clause also sets out the penalties applicable in England, Wales, Scotland and Northern Ireland. It is right that falsifying documents should carry a criminal penalty. Clause 104 provides a vital tool in the arsenal of our labour enforcement officers.”
“The range of penalties enables the courts to respond proportionately to the severity of each offence, ensuring that justice is both accessible and effective across the UK. By maintaining meaningful penalties, we maintain a powerful deterrent against non-compliance, which encourages individuals and businesses to uphold their obligations and respect labour laws. The approach we have taken in the clause emphasises both accountability and fairness, ensuring consistent enforcement across jurisdictions. I turn to clause 103. For the fair work agency to enforce effectively, it needs to rely on the information it gathers. Providing false information slows investigations down and slows down justice for workers.”
“Clause 102 addresses the need for accountability and compliance with labour market enforcement orders. It creates a clear offence of failing to adhere to a labour market enforcement order without reasonable excuse, sending a strong message that non-compliance will not be tolerated. The clause ports over the existing offence in section 27 of the Immigration Act 2016 and does not create a new offence. The clause is essential to ensure that labour market enforcement orders hold real weight and authority in our legal framework. The penalties under clause 102 are designed to be fair yet firm, with varying limits for summary conviction in England, Wales, Scotland and Northern Ireland, and up to two years’ imprisonment or fine on conviction on indictment.”
“Given that we are talking about a defence to a specific offence under clause 103, I would suggest that the chance of this being frequently used, or indeed misused, is extremely remote, although as I say, it would be improper for me to speculate on the circumstances in which it might be used, given the sensitivities around the proposals. Question put and agreed to. Clause 102 accordingly ordered to stand part of the Bill. Clauses 103 and 104 ordered to stand part of the Bill. Clause 105 Offences by bodies corporate Question proposed, That the clause stand part of the Bill.”
“The first thing to say is that the new clause came at the request of the security services, so it is not a whim on the Department’s part, and it applies specifically to the offence under clause 103 of providing false information. It would be rather rash of me to start talking about situations in which that might apply. I understand the hon. Member’s point about the wider economic test being quite broad, but as my hon. Friend the Member for Birmingham Northfield said, that is the established test in legislation.”
“Clause 105 accordingly ordered to stand part of the Bill. Clauses 106 and 107 ordered to stand part of the Bill. Clause 108 Application of this Part to the Crown Amendment made: 182, in clause 108, page 100, line 2, after “of” insert “section (Information relating to the intelligence services, etc) and”.— (Justin Madders.) This amendment is consequential on NC49. Clause 108, as amended, ordered to stand part of the Bill. Clause 109 Abolition of existing enforcement authorities Question proposed , That the clause stand part of the Bill.”
“Government new clause 49 restricts the exercise of powers in clauses 78 and 79 in relation to the intelligence services, unless the Secretary of State is satisfied that use of the powers would not be prejudicial to national security, the prevention or detection of serious crime, or the economic wellbeing of the UK. The new clause requires the Secretary of State to issue a certificate before the powers can be exercised. Government amendment 182 amends clause 108(1) to provide textual consistency and ensure the new clause functions as intended. Our amendments strike a balance to ensure that the fair work agency is able to investigate the security agencies where necessary, while also ensuring that the powers are not used in a way that could damage the UK’s security interests. Question put and agreed to.”
“The wording here ensures that the exemption is wide enough to exempt Members’ offices in the Palace of Westminster and those beyond it. This exemption reflects standard practice. I want to draw the Committee’s attention to amendments we have tabled for national security reasons. Clause 108(5) of the Bill as introduced enables the Secretary of State to exempt Crown premises from powers of entry where they deem it necessary for national security reasons. The starting point of the current drafting is that powers of entry apply generally and need to be disapplied. The exemption applies only to investigations of Crown premises that would have national security implications.”
“The clause will enable officers to carry out investigations and gather information to ensure that the rights of Crown employees are as effectively enforced as other employees’ rights. The clause also contains certain exemptions that we believe are justified. First, subsection (6) exempts the King’s private estates from the powers of entry. The King’s private estates are defined in the Crown Private Estates Act 1862. They are distinguished from Crown premises. They are not defined as premises used in connection with Crown business and employing staff. Secondly, subsection (6) also exempts “premises occupied for the purposes of either House of Parliament” from the powers of entry. The main premises we would expect the fair work agency to enter in relation to Parliament would be the offices of MPs and peers.”
“These two clauses ensure that all business structures are subject to enforcement. They are standard clauses that are found in predecessor legislation, such as section 30 of the Immigration Act 2016. Clause 108 sets out how the provisions of part 5 of the Bill relating to the enforcement of labour market legislation apply to the Crown and parliamentary estate. Clause 108(1) provides that all provisions in part 5 are binding on the Crown. Subsection (2) defines Crown premises as any premises “held or used by or on behalf of the Crown”. This means that fair work agency inspectors can enter and inspect Crown premises using powers set out earlier in the Bill. We believe this is right. The Crown employs individuals who are entitled to rights in scope of the fair work agency’s remit.”
“Clause 105 applies the offences in part 5 of the Bill to corporate bodies. It is a standard clause that can be found in predecessor legislation, such as section 27 of the Immigration Act 2016. The clause ensures accountability at both the organisational and individual levels, and practicality in legislation. It makes certain that those complicit in the offence can be held personally liable. Clause 106 applies the offences in part 5 of the Bill to partnerships; clause 107 applies them to unincorporated associations. Subsections (5) and (6) of clause 107 specify that liability is attached to those who committed the offence with consent or who were negligent regarding the offence, as well as to the association. Unincorporated associations play a significant role in various sectors, including sports and community services.”
“They are replaced by the new duties on the Secretary of State set out in clauses 75 to 77. Clause 75 requires the Secretary of State to set up an advisory board, and there are also the requirements on an enforcement strategy and annual report. Abolishing these two bodies is a key part of streamlining the current system of employment rights enforcement, which is fragmented and ineffective. It is not about reducing functionality or enforcement capability. In fact, because of the reforms we are making, we hope that the fair work agency will be greater than the sum of its parts. Employment rights will be enforced more effectively and efficiently, which will be fairer for businesses and workers, and there will be greater clarity on where people need to go to seek help.”
“Our aim is that the fair work agency will bring together existing state enforcement functions in one place. Delivering this aim means abolishing two existing bodies involved in enforcement of workers’ rights—the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement—and transferring their functions to the Secretary of State. Clause 109 does that. The function of enforcing the licensing regime for gangmasters and the GLAA’s responsibilities for enforcing aspects of the Modern Slavery Act 2015 will be transferred to the Secretary of State and carried out by fair work agency enforcement officers. The Director of Labour Market Enforcement’s oversight and reporting functions will also be transferred to the Secretary of State.”
“Clause 109 accordingly ordered to stand part of the Bill. Clause 110 Consequential and transitional provision Question proposed, That the clause stand part of the Bill.”
“I welcome the shadow Minister’s commitment to workers’ rights; it seems that listening to me for several weeks has finally rubbed off on him. At this stage, it would be premature for me to say that we intend for any redundancies to transpire. The clear presumption, as we move forward, is that all existing staff will transfer over under existing legal protections. Clearly, other issues may arise when we get into the operational detail, and I do not think that it would be appropriate to talk about workforce matters in a Bill Committee; that ought to be discussed with the workforce first. As I say, my clear understanding at this stage is that all staff will be transferring over, because we have a job to do to ensure that the labour market is enforced properly, and we need everyone on board to do that. Question put and agreed to.”
“Part 2 of schedule 7 provides for other necessary transitional provisions, such as to ensure that smooth sharing of information can continue and to retain provisions that devolved legislation relies on. The clause and the schedules it introduces are necessary to deliver a functioning statute book and to deliver on the policy intention of upgrading enforcement of workers’ rights.”
“The clause introduces schedules 6 and 7, which make consequential amendments and transitional provisions required to deliver this change. Schedule 6 sets out consequential amendments we are making to various Acts of Parliament as a result of these reforms. Part 1 of schedule 6 covers the consequential amendments to existing powers under relevant pieces of labour market legislation. Part 2 of the schedule sets out the changes required to other Acts. Schedule 7 sets out transitional and savings provisions we need in place to set up the new body. Part 1 of schedule 7 gives powers to the Secretary of State to make transfer schemes to move staff, property, rights and liabilities of the GLAA and DLME to the Secretary of State.”
“I beg to move amendment 101, in schedule 6, page 133, line 7, at end insert “and the italic heading before that section.” This amendment makes a further consequential amendment to the National Minimum Wage Act 1998.”
“Amendment 102 corrects a small drafting error in schedule 6, and amendment 103 is a consequential change to align with amendment 102. They do not affect the substance of the Bill, but maintain its quality and accuracy.”
“Schedule 6 outlines consequential amendments to other existing legislation. It ensures consistency with the new provisions introduced by the Bill, which is important to make our legislative framework cohesive and functional. Amendment 101 ensures textual consistency by removing the italic heading before section 13 of the National Minimum Wage Act 1998. Section 13 is repealed by the Bill. The change is entirely technical, to make sure that all aspects of the legislation are properly aligned and clear for interpretation. Such amendments are common practice when integrating changes into existing legislation and ensure accuracy in our statutory framework. I hope Members will support this uncontroversial and important amendment as it facilitates the clarity and precision of the legislation.”
“Specific details, including the frequency and manner of notification, will be set out in secondary legislation following consultation. A lack of awareness of the right to join a trade union may be contributing to declining union membership and reduced worker engagement in collective bargaining. The clause will help empower workers to become active in protecting their rights. This is a step forward in strengthening worker representation and the collective voice in the workplace, ultimately supporting more effective collective bargaining. I therefore commend the clause to the Committee.”
“Good morning, Mr Mundell. It is a pleasure to see you in the Chair. Happy new year to you and to all members of the Committee. I start by making my customary reference to my declarations in the Register of Members’ Financial Interests. This, I hope, is a fairly straightforward and uncontroversial clause; it does exactly what it says on the tin. Currently, there is no general requirement for employers to let their staff know of their right to join a trade union. The clause introduces a legal duty for employers to inform all new employees of their right to join a union and to remind all staff of that right at prescribed intervals. Employers must provide this information alongside the written statement of particulars that they are already required to produce under section 1 of the Employment Rights Act 1996.”
“It is not a free- standing claim on its own; it can be put on top of another employment tribunal claim, and the penalty can be between two and four weeks’ pay. On the administrative burden, there is already prescribed in legislation a long list of matters about which the employer must notify the employee when they join in a statement of terms and conditions. Really, we are just adding this to that list. We think this is an important measure.”
“I hope most Members respond with the question, “What has your trade union said about this?” When I ask that, quite often I get the response, “My employer doesn’t allow us to join a trade union.” That response is far too common for my liking. Evidence has been submitted to the Committee, particularly by the Union of Shop, Distributive and Allied Workers, about the lack of awareness of employees’ right to join a trade union. In a free society, we should be ensuring that people are aware of their rights. On the points made by the hon. Member for Bridgwater, the consequences for not notifying an individual of this right will be the same as they currently are for failure to provide a statement of terms and conditions under section 38 of the Employment Act 2002.”
“On making it clear within a notification that the employee is not obliged to join a trade union, I am sure the shadow Minister is aware that the closed shop principle was abolished quite some time ago—possibly not even in his lifetime. [ Interruption. ] Well, possibly not; perhaps his rest over the Christmas period has made him look more youthful than he is. The precise wording of the notification will be set out in secondary legislation. I am sure it will not be worded in a way that indicates that there is a compulsion on individuals to join a trade union, but it is important that people know of the right. In reference to the comments from the Liberal Democrat spokesperson, the hon. Member for Torbay, I too have had many conversations with constituents who have notified me of issues with their workplace.”
“There was a mix of responses there. We heard from the hon. Member for Torbay that the Liberal Democrats welcome the clause, I think the shadow Minister was generally supportive, albeit not explicitly, and then the hon. Member for Bridgwater was fairly critical. I will address the points made by all three individuals. The shadow Minister made a fair point that the frequency with which employees will have to be notified is important. That will be determined by the responses that we get to the consultation. Clearly, we do not want to make this measure too onerous, but we believe that it is important as a matter of principle that employees are aware of their right to join a trade union, for all the reasons that have been amply set out over many months and years.”
“I understand the point the hon. Member makes. I do not think it is helpful to get into hypotheticals about what might or might not happen under the statutory probation system, given that we have not really fleshed out the details. That will happen in due course, but it is already the law that statements of terms and conditions are required to be presented to employees, I think within the first month. There is not an additional burden of extra paperwork that has to be delivered; this is already built into the system, in terms of ensuring that employees receive their statement of terms and conditions when they start employment. On that note, I commend the clause to the Committee. Question put and agreed to. Clause 45 accordingly ordered to stand part of the Bill. Clause 46 Right of trade unions to access workplaces”
“I beg to move amendment 72, in clause 46, page 50, line 30, leave out “listed” and insert “qualifying”. This amendment and other amendments to this clause would require a trade union to have a certificate of independence in order to have the rights provided for in the clause.”
“Therefore, proposed amendments 72, 73 and 75 to 79 require trade unions to have a certificate of independence issued by the Certification Officer to qualify for access. The amendments will ensure that clause 46 is used as intended. The clause will ensure that independent unions can initiate and agree access agreements with an employer, while not affecting the existing ability of non-independent bodies to negotiate voluntary access agreements. Amendment 73 inserts the defined term “qualifying trade union” and defines it as a union that has a certificate of independence issued by the Certification Officer. That will apply to proposed new chapter 5ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 only, and amendments 72 and 75 to 79 update other provisions that refer to “listed” trade unions accordingly.”
“The clause makes provision for trade unions and employers to negotiate access agreements, under which employers will be required to permit trade union officials to enter workplaces for various purposes, such as recruitment, organising, and meeting and providing support to existing members. This is particularly significant for unrecognised unions. Access to a workplace can provide an opportunity to recruit and organise with the aim of gaining formal recognition. The Bill currently provides that any listed trade unions can apply for access to a workplace. Under the current definition, it is possible that employers could use staff associations and non-independent bodies to frustrate independent trade unions’ access to the workplace.”
“Just that I welcome the support from the shadow Minister, albeit for the wording rather than the spirit of the amendment. Amendment 72 agreed to. Amendment made: 73, in clause 46, page 51, leave out lines 1 and 2 and insert— “(3) A ‘qualifying trade union’ is a trade union that has a certificate of independence.” —(Justin Madders.) See the explanatory statement to amendment 72.”
“We will provide in secondary legislation and guidance more detail on how complex physical access cases, such as care homes, where premises are a mix of residential and a workplace, will be negotiated. To protect the privacy of people living in the premises, that could, for example, set out the terms that it is reasonable for the trade union to comply with when exercising access, for example limiting access to parts of the premises that are used by workers only, and specifying that unions should take a specific route to the particular room where access activities are due to take place. That sort of detail will be set out in secondary legislation following consultation.”
“I beg to move amendment 74, in clause 46, page 51, line 4, at end insert— “(4A) ‘Workplace’ does not include any part of a workplace used as a dwelling.”. This amendment would ensure that the right of access does not include access to dwellings. This important amendment adds some clarity about the right of access to a workplace, providing an exemption so that the right of physical access does not apply to private dwellings such as the private homes of workers who are working either fully from their home or in a hybrid manner between their workplace and their home. Most exemptions will be provided for and set out in detail in secondary legislation, but we think it is important to set out this principle in the Bill.”
“I therefore commend the amendment to the Committee. Amendment 74 agreed to. Amendments made: 75, in clause 46, page 51, line 18, leave out “listed” and insert “qualifying”. See the explanatory statement to amendment 72. Amendment 76, in clause 46, page 52, line 13, leave out “listed” and insert “qualifying”. See the explanatory statement to amendment 72. Amendment 77, in clause 46, page 52, line 26, leave out “listed” and insert “qualifying”. See the explanatory statement to amendment 72. Amendment 78, in clause 46, page 53, line 36, leave out “listed” and insert “qualifying”. See the explanatory statement to amendment 72. Amendment 79, in clause 46, page 53, line 40, leave out “listed” and insert “qualifying”. —(Justin Madders.) See the explanatory statement to amendment 72.”
“I feel that we are going to have a few of these conversations again this year. Heaven forbid the previous Government ever amended anything in Committee! We knew the Bill was issued at a challenging pace and that it was large, so there were always going to be elements that needed clarification at this stage. It is right to do that now before it becomes law and well in advance of any practical application. Like amendment 72, this amendment is an example of us responding to concerns raised when the Bill was published. It is probably fair to say that no one actually envisaged trade unions marching into people’s homes, so it was not something we thought it necessary to spell out in the Bill, but that concern has been raised in feedback, and we are able to provide clarification and reassurance.”
“I beg to move amendment 80, in clause 46, page 54, line 11, leave out from “circumstances” to “a determination” in line 13 and insert— “in which it is to be regarded as reasonable for the Central Arbitration Committee to make”. This amendment would clarify that, if circumstances are specified under subsection (4)(a), the effect of specifying those circumstances is that it is to be regarded as reasonable for the CAC to make a determination that officials of a union are not to have access (but without requiring the CAC to make such a determination).”
“As an example, that would usefully allow the Secretary of State to prescribe that the CAC must, when making determinations about access, have regard to the presence of a trade union with existing access to the workplace to which another union is seeking access. In that scenario, the amendment provides reassurances that an access request will not be rejected by default if there is an existing arrangement with another trade union. The Government have consulted on the exact details of what the CAC is required to consider when making determinations about access, and secondary legislation will follow Royal Assent to the Bill. With that in mind, I commend the amendments to the Committee.”
“Proposed new section 70ZF(4)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 allows the Secretary of State to prescribe circumstances in which it would be reasonable for the Central Arbitration Committee to determine that a trade union is not to have access to a workplace. Amendment 80 is a minor technical amendment to clarify that, if circumstances are specified under proposed new section 70ZF(4)(a) of the Act, the effect of specifying those circumstances is that it is reasonable to make a determination that officials of a union are not to have access, but it does not require the CAC to make such a determination. Amendment 81 allows the Secretary of State to prescribe in secondary legislation the matters to which the CAC must have regard when determining whether access is to be granted to a trade union.”
“I acknowledge the points made by the shadow Minister, but of course, as he has already anticipated, my response is that all of that will be determined in secondary legislation following a consultation. That is the right approach. The sort of detailed questions he is rightly posing are best dealt with in secondary legislation and probably in codes of practice as well. That is the kind of detail that would not normally find its way into a Bill. Of course, for me to prejudge any consultation on the circumstances in which it may or may not be appropriate for unions to gain access would of course, be to predetermine the outcome of the consultation.”
“The shadow Minister is trying to get me to draw up a consultation document in the Bill Committee, but I am afraid I will have to decline to do so. Clearly, we will come back to this and talk about it in further detail at a later date. Amendment 80 agreed to. Amendment made: 81, in clause 46, page 54, line 27, at end insert— “(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.”— (Justin Madders.) This amendment would allow the Secretary of State to prescribe matters to which the CAC must have regard in considering an application for a determination about access.”
“The shadow Minister tempts me to set out the kind of detail that I really cannot supply at this stage. Clearly, a consultation document will ask a series of fairly broad questions. Given that we will deal with pretty much every workplace in the country, the consultation will cover a range of different set-ups, businesses, places of work and working arrangements. The question at the start will necessarily be fairly broad, so we can understand the kinds of effects on their ability to carry on their business that firms are concerned about. Equally, we want to hear from trade unions about their experiences of where they feel that they have unreasonably been refused access or perceived that that might be a risk.”
“I beg to move amendment 82, in clause 46, page 57, line 37, at end insert— “(c) dismiss the appeal.” This amendment would clarify that the Employment Appeal Tribunal may dismiss an appeal under new section 70ZK(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. The amendment is straightforward, providing clarity that an Employment Appeal Tribunal can dismiss an appeal under the new section 70ZK(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. It is a fairly straightforward and self-explanatory amendment.”
“I am not sure that the shadow Minister wants me to check everything again, because it might lead to further amendments and we may have this debate repeatedly. I would gently push back on the suggestion that this is a “howling error”, as he described it. Of course, the Employment Appeal Tribunal already has the jurisdiction of the CAC to hear appeals. It is probably more a case of making sure it is clear that that applies to this particular provision rather than its being an oversight in the first place. Amendment 82 agreed to. Question proposed, That the clause, as amended, stand part of the Bill.”
“Amendment 74 will ensure that private dwellings are exempt, as we have discussed. Through the provision of a formal right of access, the Government are delivering on our commitment to modernise outdated and ad hoc access arrangements and align them with the 21st century. I commend clause 46 to the Committee.”
“We recently consulted on some specifics of the enforcement mechanism, which various unions and employers contributed to and which we are now carefully considering. Regulations relating to a union’s right of access, such as notice periods for employers and the terms of reasonable access, will be prescribed in secondary legislation after consultation. Amendments 72, 73 and 75 to 79 require trade unions applying for access to be certified as independent instead of being only listed as a trade union. This will help independent unions initiate and agree access agreements with an employer. Non-independent bodies’ existing ability to negotiate voluntary access agreements will remain unaffected. Amendment 81 will amend this clause to allow for the Secretary of State to set specific matters that the CAC must consider and have regard to.”
“In the instance that a union and employer cannot agree on access terms, the CAC can impose an agreement. The decision will be guided by prescribed terms which will be set out in secondary legislation. The CAC will have some discretion when making a determination on whether access should occur, and the decision will be subject to principles set out in the Bill that consider both union and employer interests. The clause also establishes an enforcement mechanism whereby complaints of breaches of an access agreement can be raised with the CAC. The CAC can then vary the agreement, make a declaration that the complaint is well-founded or not, and issue an order requiring specified steps to be taken to ensure that the agreement is complied with.”
“Clause 46 formally provides trade unions with the right of access to workplaces where an access agreement is reached between a trade union and an employer following negotiation. This will make it easier for union representatives to recruit and organise and potentially secure a collective bargaining agreement with an employer. It will not impact existing voluntary access agreements between a union and an employer. For unrecognised unions, access to a workplace is an opportunity to recruit and organise with the aim of gaining formal recognition. In this framework a union can provide an employer with a request for access, to which the employer can either agree or object within a set timeframe. If both parties agree on the access terms, the Central Arbitration Committee is notified to record the agreement and proceed.”
“The shadow Minister is of course right—we do need to get this right and engage with businesses and trade unions about the detail. That is what we intend to do. Question put and agreed to. Clause 46, as amended, accordingly ordered to stand part of the Bill. Clause 47 Conditions for trade union recognition Question proposed , That the clause stand part of the Bill.”
“Now unions will only need to show that they have 10% membership of the proposed bargaining unit for their application form recognition to be accepted by the CAC. We are also considering whether the current 10% membership requirement upon application should be lowered in future. The clause therefore provides a power to enable the Secretary of State to make affirmative regulations, which we will of course consult on, to amend the 10% membership requirement in future within parameters of 2% to 10% as set out in subsection (10) of the clause.”
“Our view is that the existing legal framework needs to be simplified so that workers have a more meaningful right to organise through their trade unions. To achieve that, the clause therefore removes the current requirement for a union to have at least 40% of the workforce in the proposed bargaining unit supporting union recognition. In future, unions will only need a simple majority in a recognition ballot to win. The current requirement for a union to demonstrate, at the application stage, that it is likely that there will be a majority for the recognition process is a significant hurdle in modern workplaces, which are increasingly fragmented. That is why the clause deletes the requirement for a union to demonstrate on application to the CAC that they are likely to win a future recognition ballot.”