Commentary on provisions of Act Section 10: Union supervision of picketing
Section 220 of the 1992 Act provides that a peaceful picket occurs where there is a trade dispute and a person attends at or near their own place of work, to peacefully obtain or communicate information to another, or peacefully persuade another person not to work. A trade union official may also attend at or near the place of work of a member they represent.
	This section inserts a new section 220A into the 1992 Act which provides that when picketing, trade unions must comply with additional requirements. Section 219 is amended to provide that compliance with these additional requirements and the existing provisions in section 220 will mean that unions will continue to enjoy the protections from certain tort liabilities. The relevant torts are inducing another to person to break or interfere with a contract, or threatening that a contract will be broken or interfered with.
	Picketing which is organised by a trade union, or which a trade union encourages its members to take part in, is only lawful when the requirements set out at section 220A(2) to (8) are met. These requirements are largely based on the relevant paragraphs (54 to 57) of the Code of Practice on picketing issued by the Secretary of State under section 203 of the 1992 Act.
	Unions will be required to appoint a picket supervisor. That person should be familiar with the Code of Practice on Picketing and the police should be advised of the supervisor's name, where the picketing is taking place and how the police should contact the supervisor. The picket supervisor should have a letter confirming that the picket is approved by the union and where the employer, or the employer's agent, asks to see the letter, it should be shown, as soon as reasonable practicable. The supervisor should be present at the picket or be readily contactable by the union or the police and be able to attend the picket at short notice. When the supervisor is attending the picket, they should wear something so that they are readily identifiable.
	Section 220A(10) provides that where two or more unions are organising a picket or encouraging members to take part in picketing, then the new requirements can be complied with by any one of those unions.
	A failure to comply with these requirements will mean that a trade union and its members will not be protected from legal proceedings which claim that they have induced someone to break their contract or interfered with a person’s performance of a contract, in the same way that a failure to comply with the current section 220 of the 1992 Act.