An Act to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes.
any amendment by the act of an enactment (including an enactment contained in Northern Ireland legislation) has the same extent as the enactment amended.
The Employment Relations Act 2004 (c. 24) is an act of the Parliament of the United Kingdom which amended UK law regarding trade union membership and industrial action. The act also enabled the UK government to make funds available to trade unions and federations of trade unions to modernise their operations.
Background
The legislation was a response to concerns raised by the International Labour Organisation's committee of experts relating to trade union recognition.
Provisions
The act introduced changes to the recognition procedures for unions.
The act contains provisions relating to discrimination on grounds of trade union membership and protection of strikers from unfair dismissal.
The act allows trade unions to expel or exclude racist activists, and other individuals whose political behaviour is considered incompatible with trade union membership.
The act made changes to the ballots for industrial action.
Section 59 - Citation, commencement and extent
The following orders have been made under this section:
According to the Trades Union Congress (TUC), the act contained "significant union victories". The TUC's then general secretary, Brendan Barber welcomed the law, noting that "Staff will have to be given information and be consulted over major changes to the business, as they currently are in Britain’s best companies. Trade unions will be able to recruit members in an environment free of underhand, US-style union-busting activities and will find it easier the exclude and expel far-right activists in breach of union rules. The union modernisation fund the [Act] establishes will enable unions to modernise in the same way the government has helped businesses adapt to grow in the modern economy."
Julian Yew and Alan Bone. "Employment Relations Act 2004". Current Law Statutes 2004. Sweet & Maxwell. London. W Green. Edinburgh. 2004. Volume 2. Chapter 24. pp 24-1 to 24-102.
Smith and Baker. Smith & Wood's Employment Law. Eleventh Edition. Oxford University Press. 2013. Pages 10, 11, 629, 639, 642, 644, 648, 667, 668, 671, 692, 699, 700, 708, 735, 739, 740, 744 and 748.
Upex, Benny and Hardy. Employment Law. (Core Text Series). Third Edition. Oxford University Press. 2009. Paragraphs 12.1 to 12.4, 12.36, 13.19, 13.24 and 14.23 at pages 411 to 413, 423, 429, 435, 437, 451, and 460.
Honeyball & Bowers' Textbook on Employment Law. Thirteenth Edition. Oxford University Press. 2014. Pages 11, 122, 343, 404 and 441.
Emir (ed). Selwyn's Law of Employment. Seventeenth Edition. Oxford University Press. 2012. Paragraphs 21.49 and 23.48 at pages 598 and 649.
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