An 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 urposes.

The Employment Relations Act 2004 received Royal Assent on 16th September 2004.

Some sections were brought into force on 1st October 2004 and most of the rest of the Act is in force by 1st October 2005 (see the notes included with the Employment Relations Act 2004 (Commencement No.4 and Transitional Provisions) Order 2005 SI 2005/2419 for detail).

The Employment Relations Act 2004 is divided into seven parts:-

1. Union Recognition (ss.1-21);
   
2. Law relating to industrial action (ss.22-28);
   
3. Rights of Trade Union Members, workers and employees (ss. 29 to 43);
   
4. Enforcement of Minimum Wage legislation (ss.44 to 47);
   
5. The Certification Officer (ss.48to 51);
   
6. Miscellaneous (relating to internal affairs of trade unions (ss.52 to 55);
   
7. Supplementary (eg consequential repeals, commencement date etc (ss.56 to 59).

Tucked away in the part of the Act covering "Rights of Trade Union Members, workers and employees" are several provisions of special significance so far as individual employment rights are concerned. The (one year) qualifying period of employment and the upper age limit are removed in some unfair dismissal cases, there are increased rights for the companion of a worker attending a disciplinary hearing and it will be automatically unfair dismissal if an employee is dismissed because he took time off for jury service. The most important of these provisions are ss.33, 35, 37, 40 and 41 which provide for:-

• enabling trade unions to exclude or expel individuals for "conduct which consists of activities undertaken ..... as a member of a political party" (see ERA 2004 s.33).
  
• removal of the qualifying period and upper age limit in unfair dismissal cases where dismissal is related to trade union membership or activities (see ERA 2004 s.35 and/or notes at Trade union matters/unfair dismissal/for non-membership or membership of TU and/or Trade union matters/unfair dismissal/for taking part in TU activities )
  
• removal of the upper age limit in unfair dismissal cases arising from breach of an employee's right to request flexible working (see ERA 2004 s.41 and/or Unfair dismissal/age limits/upper limit )
  
• removal of the qualification period of employment in unfair dismissal cases arising from breach of an employee's right to request flexible working (see ERA 2004 s.41 and/or Qualifying periods of service for rights )
  
• greater rights for a companion accompanying a worker at a disciplinary or grievance hearing (see ERA 2004 s.37 and/or Disciplinary procedures/Right to be accompanied ).
  
• automatically unfair dismissal if an employee is dismissed because he took time off for jury service. There will be no qualification period of service required and there will be no upper age limit and the now normal "protection from detriment " rules will also apply (see ERA 2004 s.40 and/or Time off work/jury service )

The TUC reaction to the Employment Relations Bill was generally favourable. However the TUC made the following specific criticisms:-

• there is no sanction against unfair labour practices during union recognition campaigns;
  
• the Bill does not provide for union recognition rights in small firms (ie those employing less than 21 workers);
  
• the Bill does not take Information and consultation rights up to what the TUC call "international standards".

A useful DTI general website on the Employment Relations Act 2004 is available on the DTI website at www.dti.gov.uk.

See generally notes at Trade union matters (especially notes at Trade union matters/inducements relating to TU membership or activities and/or Trade union matters/recognition and/or Trade union matters/detriment on TU related grounds ) and/or Minimum Wage/enforcement and/or Consultation with employees/Information and Consultation regulations 2004 and/or at Unfair dismissal/automatically unfair dismissals/industrial action .