The Control of Trade in Endangered Species (Amendment and Revocation) Regulations 2026

Published: Tue 16th Jun 26

The Employment Rights Act 1990 primarily amends existing employment law, specifically focusing on updating provisions related to trade union recognition, balloting procedures, and certain protections for employees, thereby refining the framework governing workplace relations in the United Kingdom.

Arguments For

  • Ensures clarity and consistent application of recently introduced employment law changes.

  • Updates existing legislation to reflect current industrial relations practices and needs.

  • Provides legal certainty for both employers and employees regarding their statutory rights and obligations.

Arguments Against

  • May introduce complexity by amending numerous existing statutes, requiring careful interpretation.

  • Could create administrative burdens for businesses adapting to new procedural requirements.

  • Potential for increased litigation as new provisions are tested in employment tribunals.

An Act to amend the law relating to employment, including in particular the law relating to trade unions; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I

Ballots and Trade Unions

  1. Trade union ballots as to authorising industrial action.

(1) Section 2 of the Trade Union Act 1984 (ballots as to authorising industrial action) shall be amended as follows.

(2) In subsection (5) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.

(3) In subsection (6) after “concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.

(4) In subsection (7) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.

(5) In subsection (10) for “and the date on which the result of the ballot was declared” there shall be substituted “the date on which the result of the ballot was declared and, if the ballot was conducted by the Commission”.

(6) In subsection (11) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are in contemplation of the authorisation of the action”.

  1. Trade union ballots as to authorising continuation of industrial action.

(1) Section 6 of the Trade Union Act 1984 (ballots as to authorising continuation of industrial action) shall be amended as follows.

(2) In subsection (5) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.

(3) In subsection (6) after “concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.

(4) In subsection (7) after “the employer concerned or” there shall be inserted “the employer of the majority of the persons who are members of the trade union and are taking part in the action”.

  1. Payments in respect of union ballots.

(1) Section 16 of the Trade Union Act 1984 (payments in respect of union ballots) shall be amended as follows.

(2) In subsection (1) after “the Commission” there shall be inserted “or, where the ballot was conducted by the Certification Officer, under arrangements made by the Certification Officer” and for “the Commission” there shall be substituted “the Certification Officer”.

(3) In subsection (3) for “the Commission” there shall be substituted “the Certification Officer”.

(4) In subsection (4) for “the Commission” there shall be substituted “the Certification Officer”.

(5) In subsection (6) for “the Commission” there shall be substituted “the Certification Officer”.

PART II

Miscellaneous Amendments of Employment Rights Act 1990

  1. Right to time off for union learning representatives.

(1) After section 168 of the Employment Protection Act 1975 there shall be inserted the following section— “Right to time off for union learning representatives”, and the expression “Learning representative” in section 168(4) of that Act (offences) shall be construed as including a trade union learning representative.

(2) The provisions of Schedule 5 to the Employment Protection Act 1975 shall have effect with respect to the right to time off conferred by the section set out in subsection (1) above, but with the substitution in paragraph 3(2) of that Schedule of “or learning activities” for “or training activities” and with the insertion after “training activities” of “or learning activities”.

(3) In section 100(2)(a) of the Employment Rights Act 1990 after “section 168(4) of the Employment Protection Act 1975” there shall be inserted “or for purposes connected with his right to time off under section 168A (as inserted by the Employment Rights Act 1990)”.

  1. Trade union mergers, etc.

(1) Section 12(1) of the Trade Union (Amalgamations, &c.) Act 1914 (power of Registrar to rescind certificate of registration in case of merger, etc.) shall be amended as follows.

(2) After “the Registrar shall” there shall be inserted “if the requirements of this section are met,”.

(3) After subsection (1) there shall be inserted the following subsection:

“(1A) The requirements mentioned in subsection (1) above are that—

(a) the instrument of amalgamation or the instrument of transfer making provision for the merger or transfer was, as the case may be, made in consequence of a transfer of engagements where a ballot of the members of the union concerned was taken, and such ballot was in favour of the merger or transfer by a majority of the members voting;

(b) there was sent to the Registrar, within the time prescribed by the foregoing provisions of this Act, a copy of the instrument;

(c) the Registrar has received from the union a declaration in writing signed by the president and the general secretary of the union that the requirements of the foregoing provisions of this Act relating to the making and approval of the instrument or transfer have been complied with; and

(d) the Registrar is satisfied that the requirements of the foregoing provisions of this Act relating to procedure on the making of the instrument or transfer have been complied with.”

(4) In subsection (2) for “subsection (1) above” there shall be substituted “subsection (1) or (1A) above” and for “the instrument” there shall be substituted “the instrument of amalgamation or transfer”.

(5) In section 13 of that Act (effect of rescinding certificate) for “subsection (1)” there shall be substituted “section 12(1) or (1A) above” and for “the Registrar” there shall be substituted “the Registrar of Trade Unions”.

PART III

General

  1. Short title, interpretation and commencement.

(1) This Act may be cited as the Employment Rights Act 1990 and shall be construed as one with the Employment Protection Act 1975, the Trade Union Act 1984 and the Employment Rights Act 1990.

(2) In this Act “the Certification Officer” means the officer appointed under section 10(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.

(3) This Act shall come into force on the expiration of the period of two months beginning with the day on which it is passed.

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