Kate Dearden MP: speeches

Speeches

• 2 Sept 2026 · Draft Protection Against Detriment (Industrial Action) Regulations 2026 · Hansard source

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  I beg to move, That the Committee has considered the draft Protection Against Detriment (Industrial Action) Regulations 2026. It is a pleasure to serve under your chairship, Ms Vaz. This draft instrument was laid before the House on 24 June 2026 and relates to protection against detriment for workers taking protected industrial action under the Trade Union and Labour Relations (Consolidation) Act 1992. It is being introduced to provide essential protection to workers, ensuring that they can take industrial action without being treated unfairly by their employer as a result. The 2024 Supreme Court judgment in Secretary of State for Business and Trade v . Mercer ruled that the current protections from detriment for trade union activity under section 146 of the Trade Union and Labour Relations (Consolidation) Act do not extend to protected industrial action. As a result, the Supreme Court made a declaration of incompatibility between UK legislation and article 11 of the European convention on human rights, the right to free association. This means that there is a gap in the law that could enable bad faith employers to unfairly penalise workers taking industrial action. While it should always be treated as a last resort, this Government believe that industrial action is an integral and vital part of a worker’s right to express their collective voice if they choose to. If a worker does choose to take industrial action, it is essential that employers treat them fairly and with respect, as the vast majority of employers have always done. This draft instrument remedies the existing gap in the law, enabling workers to take industrial action without being at risk of suffering detriment as a result. It also ensures that UK law regarding detriments will be compatible with the European convention on human rights. The draft protection against detriment regulations are made under section 236A of the 1992 Act, which was introduced by the Employment Rights Act 2025. The draft regulations, taken together with section 236A of the 1992 Act, prohibit all detriments to which an employer can subject a worker for the sole or main purpose of penalising, preventing or deterring protected industrial action. This Government are committed to protecting workers who take industrial action while ensuring that employers are not unduly affected. The vast majority of employers already act responsibly and do not impose detriments on workers for taking industrial action. The draft legislation therefore targets the rare cases where such treatment may occur, without disrupting the day-to-day running of responsible businesses. That is why this legislation prohibits only detriments for the sole or main purpose of penalising, preventing or deterring industrial action. That means that during a period of industrial action, ordinary business practices will not be banned as long as they are not used for the sole or main purpose of preventing, penalising or deterring a worker from taking industrial action. For example, disciplinary action may still be taken against a worker who has committed misconduct unrelated to strike action during an ongoing period of strike action. Employers will still be able to manage industrial action in ways that do not involve imposing a legal detriment. Examples of that include proactive negotiation prior to industrial action commencing and contingency planning to mitigate the impact. Turning to the issue of deduction of pay following industrial action, in common law the principle of “No work, no pay” applies. This means that if a worker does not attend work for a day due to taking industrial action, the employer is under no obligation to pay them for that day. The draft regulations state that they do not affect that common law position. The rules enabling the deduction of pay on account of a worker having taken part in protected industrial action will remain as they are. The draft statutory instrument also adds section 236A of the 1992 Act to the list of claims in schedule A2 to that Act. Detriments claims will therefore be added to the list of claims in schedule A2. For claims in this list, an employment tribunal is able to increase or decrease compensation awards by 25%, depending on whether the employer or worker has failed to follow the ACAS code of practice on disciplinary and grievance procedures. This will encourage fairness and co-operation by both employers and workers and will help timely resolution of disputes to allow employers to return to usual business as quickly as possible. This statutory instrument is essential to provide workers with sufficient protection when exercising their fundamental right to take industrial action, and to make UK legislation compatible with the European convention on human rights. It prevents the door being left open for the very small number of bad faith employers who might exploit the gap in legislation that was highlighted by that Supreme Court judgment, while still allowing good faith employers to deal with industrial action in a non-punitive manner and enabling them to continue to use normal business practices during industrial action. I therefore commend this instrument to the House, and I trust that Members will support it.