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Deductions of Contributions at Source (DOCAS) Regulations delayed

The draft Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2017, which were expected to come into force on Saturday 10 March, have been delayed.

These Regulations will implement new arrangements for check-off for public-sector employers. 

Where a contract of employment or collective agreement contains arrangements for check-off, the arrangement can continue only where the trade union meets the administrative cost in respect of making the deductions, and workers have the option to pay their trade union subscriptions by other means.

The government has not announced when these Regulations will come into force. 

We have made enquiries, and understand that the Secondary Legislation Scrutiny Committee have asked the Cabinet Office to clarify some issues. The draft Regulations are currently classed as an “Affirmative Instrument.”  This means that the House of Commons has to be satisfied by the Cabinet Office’s response, i.e. that it needs to be debated in the House and then approved.  

As yet, there is still no date for this “Affirmative Resolution.”

We will update you once the draft Regulations have been approved.

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  • Sarah Burke
  • Associate Solicitor
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