It is interesting to see once again the Conservative government move to use its weapon of choice, the imposition of further hurdles for unions to overcome when organising ballots for industrial action.

Forgive the brief journey down memory lane (for those old enough). The Tories brought in the Trade Union Act in 1984, making all ballots ‘secret’ and unions liable for any acts that were done ‘without the support of a ballot’. Under the Employment Act 1988, members could take out injunctions against a union where no ballot had been held before action. A new acronym came into the English language: the CROTUM (Commissioner for the Rights of Trade Union Members) enabled trade union members to make complaints about their trade unions. Unions were also prevented from being able to discipline strike-breakers, who could get financial compensation from the union.

In 1990, the Tories introduced another Employment Act, making all secondary action, whether subject to a ballot or not, unlawful. Union members who had taken part in an unofficial strike action could be dismissed and members could sue a union for any unballoted action via the CROTUM (even if the members did not take part in the action). Now the Conservative government was on a roll.

In 1993, it introduced the Trade Union Reform and Employment Rights Act, which brought in even more restrictions, and another job role was created with a catchy name, the Commissioner for Protection Against Unlawful Industrial Action. It was now necessary for unions to give seven days’ notice of ballots and set out the nature of any industrial action. There was a requirement that the union identify those balloted to the employer. Independent scrutiny of strike ballots was introduced and all ballots for industrial action had to be postal.

Further restraints of trade union balloting arrangements were introduced by the Trade Union Act 2016. There is currently a requirement that at least 50 per cent of eligible members have voted in a ballot for industrial action and a simple majority must vote in favour. The next part is key for certain unions. Where this involves ‘important public services’, 50 per cent must vote and at least 40 per cent of those entitled to vote must do so in favour of industrial action. Unions must give 14 days’ notice to the employer of any action and more detailed information is required on ballot papers. The mandate for ballots expires after six months.

The latest proposals (which have come out of the Conservative party leadership debates) are to raise the minimum threshold for voting in favour of strike action in ‘important public services’ from 40 to 50 per cent. In addition, they have suggested raising the minimum notice period for strike action from two to four weeks. Other restrictions include bringing in a cooling-off period preventing unions from striking several times during the six-month period.

Despite the continuing blatant attempts by successive Conservative governments to shackle unions by bringing in more and more restrictions on the right to organise industrial action to defend their members’ terms and conditions, the unions will continue to fight. The cost of living crisis will only help to mobilise and politicise working people, making them more determined to fight for their rights. The transport unions are currently at the forefront of this important fight, in particular the RMT and ASLEF. Further restrictions on the right to strike will not prevent the current wave of disenchantment and anger against the government, which is spreading across the trade union movement along with other defence groups.