Employment Relations Act 2004

Employment Relations Act 2004[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn 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 the Trade 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.
Citation2004 c. 24
Territorial extent 
  • England and Wales (except sections 43 and 58)
  • Scotland (except sections 43 and 58)
  • Northern Ireland (sections 43 and 58)
  • any amendment by the act of an enactment (including an enactment contained in Northern Ireland legislation) has the same extent as the enactment amended.
[b]
Dates
Royal assent16 September 2004
Commencementvarious[c]
Other legislation
Amends
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Employment Relations Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Employment Relations Act 2004[a] (c. 24) is an act of the Parliament of the United Kingdom which amended UK law regarding trade union membership and industrial action. The act also enabled the UK government to make funds available to trade unions and federations of trade unions to modernise their operations.[1]

Background

The legislation was a response to concerns raised by the International Labour Organisation's committee of experts relating to trade union recognition.[2]

Provisions

The act introduced changes to the recognition procedures for unions.[3]

The act contains provisions relating to discrimination on grounds of trade union membership and protection of strikers from unfair dismissal.[4]

The act allows trade unions to expel or exclude racist activists, and other individuals whose political behaviour is considered incompatible with trade union membership.[5]

The act made changes to the ballots for industrial action.[6]

Section 59 - Citation, commencement and extent

The following orders have been made under this section:

Reception

According to the Trades Union Congress (TUC), the act contained "significant union victories".[7] 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-style union-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."[1]

See also

Notes

  1. 1 2 Section 59(1).
  2. ↑ Section 59(5)–(7).
  3. ↑ Section 59(2)–(4).

References

  • "Employment Relations Act 2004". Halsbury's Statutes of England and Wales. Fourth Edition Reissue. Volume 16. Title "Employment".
  • Julian Yew and Alan Bone. "Employment Relations Act 2004". Current Law Statutes 2004. Sweet & Maxwell. London. W Green. Edinburgh. 2004. Volume 2. Chapter 24. pp 24-1 to 24-102.
  • Smith and Baker. Smith & Wood's Employment Law. Eleventh Edition. Oxford University Press. 2013. Pages 10, 11, 629, 639, 642, 644, 648, 667, 668, 671, 692, 699, 700, 708, 735, 739, 740, 744 and 748.
  • Upex, Benny and Hardy. Employment Law. (Core Text Series). Third Edition. Oxford University Press. 2009. Paragraphs 12.1 to 12.4, 12.36, 13.19, 13.24 and 14.23 at pages 411 to 413, 423, 429, 435, 437, 451, and 460.
  • Honeyball & Bowers' Textbook on Employment Law. Thirteenth Edition. Oxford University Press. 2014. Pages 11, 122, 343, 404 and 441.
  • Emir (ed). Selwyn's Law of Employment. Seventeenth Edition. Oxford University Press. 2012. Paragraphs 21.49 and 23.48 at pages 598 and 649.
  • Deborah Lockton. Employment Law. (Cavendish Q&A series). Fourth Edition. Cavendish Publishing. 2006. Pages 16, 177, 179, 221 and 229.
  • Galbraith's Building and Land Management Law for Students. Sixth Edition. Butterworth-Heinemann. 2011. Page 226.
  1. 1 2 European Foundation for the Improvement of Living and Working Conditions, Employment Relations Act 2004 begins to come into force, published 7 November 2004, accessed 4 January 2020
  2. ↑ Ewing, K.D. (4 May 2021). "The EU-UK Trade and Cooperation Agreement: Implications for ILO Standards and the European Social Charter in the United Kingdom". King's Law Journal. 32 (2): 306–343. doi:10.1080/09615768.2021.1969757. ISSN 0961-5768.
  3. ↑ Novitz, TA (2005). "The Employment Relations Act 2004 and the 'Partnership' Agenda: The Scope of Changes to the Recognition Procedures". Labour Law: Setting Standards, Monitoring Progress, London.
  4. ↑ Novitz, TA (2005). "The Employment Relations Act 2004 and its Implications for Collective Bargaining: Problems of Partnership". SLS Annual Conference, Stathclyde University, Glasgow.
  5. ↑ "EMPLOYMENT RELATIONS LAW TO BE MODERNISED". Local Government Chronicle. 2 December 2003. Retrieved 28 January 2026.
  6. ↑ Hall, Mark (15 December 2003). "New Employment Relations Bill published". Eurofound.
  7. ↑ "TUC heralds Employment Relations Bill as victory for unions". Personnel Today. 21 September 2004. Retrieved 4 August 2026.
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