Labour peer John Hendy will propose new amendments to the Employment Rights Bill to legalise “secondary” (solidarity) action.
Cross-posted from the website of the Campaign for Trade Union Freedom (CTUF) here.
Campaign for Trade Union Freedom Vice president Lord John Hendy KC will be moving two at the Report stage in the House of Lords over the next two weeks (14, 16, 21, and 23 July). The CTUF writes: “CTUF would appreciate support from CTUF affiliated trade unions. If you have contacts with members of the the House of Lords it would be appreciated if you could forward these via your union amendments to them requesting they support them.”
We in Free Our Unions add: unions must agitate around these amendments, minimally to raise awareness that they are being put. Labour-affiliated unions should use their weight within party structures to promote the amendments and build support for them.
Employment Rights Bill
Amendments proposed by Lord (John) Hendy at Report stage
(as at 7 July 2025)
After Clause 72, insert the following new Clause—
“Right to take secondary industrial action
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In subsection (1) of section 220 (peaceful picketing), for sub-paragraphs (a) and (b) substitute “a place of work”.
(3) In section 220, omit subsections (2) to (4).
(4) Omit section 224 (secondary action).
(5) In subsection (1) of section 244 (meaning of “trade dispute” in Part V), for “a dispute between workers and their employer” substitute “a dispute between workers and one or more employers”.
(6) In subsection (1) of section 244, for “which relates wholly or mainly to” substitute “connected with”.
(7) In subsection (5) of section 244, for “a worker employed by that employer” substitute “a worker employed by an employer”.”
Member’s explanatory statement These amendments would remove the provisions (in sections 224 and 244) that render unlawful all forms of ‘secondary’ industrial action. including the rights of pickets to picket places of work other than their own.
After Clause 54, insert the following new Chapter and Clause—
“Chapter 4
Sectoral collective bargaining
(1) The Secretary of State may make regulations for the establishment of Statutory Joint Industrial Councils.
(2) The regulations shall provide that—
(a) a Statutory Joint Industrial Council shall be composed of equal numbers of—
(i) nominees of employers’ associations (or nominees of employers) which appear to ACAS to represent employers in the sector, and
(ii) nominees of independent trade unions which appear to ACAS to represent workers in the sector,
(b) a Statutory Joint Industrial Council shall have the function of conducting collective bargaining to—
(i) establish levels and rates of remuneration (including pensions), terms, conditions and other benefits for those who work in the particular sector of the economy;
(ii) determine any other matter within the scope of section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective agreements and collective bargaining);
(iii) formulate its constitution and procedural arrangements including a dispute resolution procedure;
(iv) resolve any other matter which the Statutory Joint Industrial Council desires to consider,
(c) any agreements reached by a Statutory Joint Industrial Council shall apply to the workers and employers in the relevant sector save to the extent that a previous or a subsequent contract or collective agreement makes more favourable provision,
(d) it is for the Secretary of State (in the light of advice from ACAS) to determine what constitutes a sector of the economy for the purposes of establishing a Statutory Joint Industrial Council, and
(e) a Statutory Joint Industrial Council may only be made following consultation with—
(i) nominees of employers’ associations (and/or nominees of employers) which appear to ACAS to represent employers in the sector, and
(ii) nominees of independent trade unions which appear to ACAS to represent workers in the sector.”
Member’s explanatory statement This amendment is intended to enable regulations to be laid for sectoral collective bargaining in particular sectors of the economy. The concept of the Statutory Joint Industrial Council is taken from s.90 and Schedule 8, Employment Protection Act 1975, reproduced in Part II of the Wages Councils Act 1979.
Free Our Unions 