Trade unions and industrial action: key differences in Scotland and Northern Ireland
Updating author: Nick Chronias, DAC Beachcroft, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls
Future developments
Scotland: There are no future developments specific to Scotland.
Northern Ireland: On 1 July 2024, the Department for the Economy launched a consultation: The "Good Jobs" Employment Rights Bill. The consultation seeks views on proposals aimed at "strengthening employment legislation" which may progress under an Employment Bill and supporting secondary legislation. The consultation contains a number of proposals in respect of trade unions and industrial action, including proposed changes relating to:
- workplace access;
- collective bargaining (recognition and introduction of collective sectoral bargaining);
- balloting and notice requirements;
- electronic balloting;
- protection for trade union representatives; and
- protection for employees taking part in industrial action.
The consultation closed on 30 September 2024.
The Employment Rights Bill, which was introduced to the UK Parliament on 10 October 2024, does not extend to Northern Ireland.
Scotland
The legislation that applies in England and Wales generally extends to Scotland. However, there are some limited exceptions.
Under the Highways Act 1980 it is a criminal offence wilfully to obstruct the free passage along a highway without lawful authority or excuse.
