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| Long title | 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 theTrade 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. |
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| Citation | 2004 c. 24 |
| Territorial extent | England and Wales andScotland, except that sections 43 and 58 extend only toNorthern Ireland and any amendment by this Act of an enactment (including an enactment contained in Northern Ireland legislation) has the same extent as the enactment amended.[2] |
| Dates | |
| Royal assent | 16 September 2004 |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
TheEmployment Relations Act 2004 (c. 24) is anAct of theParliament of the United Kingdom which amended UK law regardingtrade union membership andindustrial action. The Act also enabled the UK government to make funds available to trade unions and federations of trade unions to modernise their operations.[3]
This section inserts section 210A of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
Section 24(2) was repealed by paragraph 21(c) of Schedule 4 to theTrade Union Act 2016.
Section 28(2) inserts section 238B of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
This section inserts sections 145A to 145F of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
Section 40(1) inserts section 43M of theEmployment Rights Act 1996. Section 40(3) inserts section 98B of the Employment Rights Act 1996.
Sections 41(1) and (2) are prospectively repealed by section 148 of, and Part 1 of Schedule 11 to, thePensions Act 2008.
The Information and Consultation of Employees Regulations 2004 (SI 2004/3426) were made under this section.
Section 42(5) is repealed by paragraph 6 of Schedule 1 to theEmployment Rights (Amendment) (EU Exit) Regulations 2019 (SI 2019/535).
Section 43(5) was repealed by paragraph 4(2) of theEmployment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (SI 2019/537).
This section inserts section 16A of theNational Minimum Wage Act 1998.
These sections were repealed on 6 April 2009[5] by section 20 of, and Part 2 of the Schedule to, theEmployment Act 2008.
Section 46(1) inserted sections 22A to 22F of the National Minimum Wage Act 1998.
This section was repealed as to England[6] on 1 October 2013[7] by section 72(4) of, and paragraph 2 of Schedule 20 to, theEnterprise and Regulatory Reform Act 2013.
Section 47(1) inserted section 11A of theAgricultural Wages Act 1948.
This section inserts section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
Section 50(2) inserts sections 101A and 101B of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
Section 55(1) inserts section 116A of the Trade Union and Labour Relations (Consolidation) Act 1992.[4]
Section 57(1) gives effect to Schedule 1. Section 57(2) gives effect to Schedule 2.
The Employment Relations (Northern Ireland) Order 2004 (SI 2004/3078) (NI 19) was made under paragraph 1(1) of the Schedule toNorthern Ireland Act 2000 as modified by section 58 of the Employment Relations Act 2004. The Order makes similar provision to the Employment Relations Act 2004, except sections 43 to 46, for Northern Ireland.[8]
The following orders have been made under this section:
Paragraph 1 was repealed by paragraph 2 of Schedule 20 to the Enterprise and Regulatory Reform Act 2013. Paragraph 14 was repealed by paragraph 21(c) of Schedule 4 to the Trade Union Act 2016.
According to theTrades Union Congress (TUC), the Act contains '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-styleunion-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."[3]