The Threat to Facility Time in the Trade Union Act 2016—A Necessary Austerity Measure?

One of the less well publicised sections of the Trade Union Act 2016 is the provision for monitoring and potentially reducing the amount by which public bodies subsidise the duties carried out by trade union representatives in the workplace. The justification for the monitoring of costs and the potential for the imposition of a cap on such spending in the future appears to be based on dubious evidence. This paper examines the range of duties carried out by representatives and their attributed costs, consulting a large body of research which strongly suggests that the indirect cost-benefits to the employer greatly outweigh the direct costs which must now be reported to the Government by public employers. The paper highlights the concern that the indirect cost-benefits have not been taken into account in seeking justification for this legislative measure, and that reductions in facility time in the future may have a harmful effect on industrial relations.