On 7 February 2024, the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024 were made. The regulations specify 'relevant public sector employers' for the purposes of a new s 116B Trade Union and Labour Relations (Consolidation) Act 1992, which will restrict the circumstances in which trade union subscriptions can be deducted from public sector workers' wages and conveyed directly to the union (known as check-off). The regulations come into force alongside s 116B on 9 May 2024 (see FC Feature 10 November 2023). An Explanatory Memorandum has been published alongside the regulations.
S 116B TULRCA 1992 provides that a relevant public sector employer can only deduct union subscription fees directly from its workers' wages for payment directly to the union if:
- the trade union pays the employer a reasonable amount for this service; and
- workers have the option to pay their subscriptions by other means.
In addition to specifying in-scope public sector employers, the regulations also provide that any existing check-off arrangements included in an employment contract or collective agreement will be treated as prohibited unless deductions are made in accordance with the new rules.
In December 2023, the government published Guidance: Check-off Regulations to help public sector employers comply with their obligations when administering check-off services (see FC Feature 20 December 2023).
For further information on trade unions generally see Trade unions. For the application of employment law protections to public sector workers, see Public sector.
First published on the Employment News Service on 15 February 2024.
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