Overview

This bill amends the Trade Union and Labour Relations (Consolidation) Act 1992 to make it easier for industrial action to be deemed lawful, even if there were minor errors in the related ballots or notices. It aims to ensure that minor, unintentional mistakes do not invalidate otherwise legitimate industrial action.

Description

The bill modifies Section 232B of the 1992 Act, which deals with minor accidental failures in ballots and notices related to industrial action. Specifically, it broadens the definition of what constitutes an acceptable "minor error."

Key Changes:

• The amendment includes "notices" alongside "ballots" in the list of documents where minor errors can be disregarded.
• It replaces the existing criteria for acceptable errors with a two-part test: substantial compliance with the relevant provisions, and the error's unlikeliness to affect the ballot's outcome or a recipient's understanding of a notice.
• It introduces a presumption that any failure to comply with the relevant provisions is acceptable unless the contrary is proven in court.

The changes aim to prevent industrial action from being declared unlawful due to trivial errors in the processes leading up to it.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The cost implications are likely minimal, primarily relating to any potential increase in legal challenges and the associated court costs, though it is difficult to estimate the magnitude of this. No figures are provided in the bill text.

Groups Affected

• Trade Unions: This bill primarily benefits trade unions, making it easier for them to engage in lawful industrial action. It reduces the risk of their actions being deemed unlawful due to minor procedural errors.
• Employers: Employers may face increased industrial action if unions are more confident that even actions with minor errors will be considered lawful.
• Employees: Employees participating in industrial action will be more likely to have their action protected by the law, even if minor procedural errors occur.
• Courts: Courts may see an increase in cases related to industrial action, although the revised burden of proof (requiring the contrary to be proven) may reduce this slightly.

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