Talk:Trade Union Act 2016

"Section 2 introduced a new requirement of 50% of union members to vote in a ballot for strike action, under TULRCA 1992 section 226(2). Section 3, inserting a new section 226(2A)-(2F) requires that in health, school education, fire, transport, nuclear decommissioning and border security there must be 40% support of those entitled to vote in a workplace for a strike to be legal. In effect, this requires an 80% turnout (assuming no spoiled ballots)."

The claim in bold is false. To authorise industrial action, a union must hold a ballot in which (a) at least 50% of those entitled to vote did vote and (b) a majority of those who voted supported the proposed industrial action. Where the majority of those who were entitled to vote in the ballot are at the relevant time normally engaged in the provision of important public services, condition (b) is revised to require support from both 40% of those entitled to vote and a majority of those who actually did vote.

The mistake about 80% turnout came (I think) from assuming that exactly 40% of the members vote for a strike and that these voters constitute a majority. That would require that turnout be a hair less than 80% of the eligible voters. This is a ceiling, not a floor: if 100% of the members vote and 40% support a strike, the strike isn't authorised because only two-fifths of the votes cast were in favour of the strike, which is less than a majority. But if only 50% of the members vote and 40% support a strike, then the strike is authorised (because four-fifths of the votes cast were in favour of the strike).

Split union members into Voters and Non-Voters and into Pro-Strikers, Anti-Strikers and No-Opinioners. A normal union can strike if the Pro-Strike camp outnumbers the Anti-Strike camp amongst members motivated enough to vote, even if all of the Non-Voters are Anti-Strikers. The 40% minimum helps prevent this case: the strike can only be authorised if at least 40% of the members are Pro-Strikers and Voters. That could happen with a large turnout where striking wins with a small margin of victory, or with a small turnout where striking wins in a landslide.

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