Background
4.In July 2002, the Secretary of State for Trade and Industry announced a review of the Employment Relations Act 1999 (the “1999 Act”). In line with commitments made in the White Paper “Fairness at Work” (1998) (CM. 3968), the Government reviewed the operation of the statutory procedures for the recognition and derecognition of trade unions by employers. The Review also looked at the operation of the other provisions of the 1999 Act.
5.The 1999 Act:
	introduced a new statutory procedure for the recognition and derecognition of trade unions by employers;
	prevented employers from discriminating by omission on the grounds of trade union membership, and introduced a power to make regulations prohibiting blacklisting on grounds of union membership;
	made changes to the law on industrial action (ballot and notice requirements and the right for dismissed strikers to complain of unfair dismissal);
	introduced new rights and changes in family-related employment rights;
	introduced new rights for workers to be accompanied in certain disciplinary and grievance hearings;
	made other changes to individual employment rights.
A public consultation on the operation of the 1999 Act opened in February 2003 and closed in May 2003.   The Review concluded that the 1999 Act is generally working well, but that some changes were required to improve and streamline procedures.  The Government’s response to the consultation can be found on the Department of Trade and Industry’s website at www.dti.gov.uk/er. This Act implements the findings of the Review.