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Trade Unions

Trade unions are organisations who represent people at work - their members - and who aim to negotiate on behalf of those members with employers to secure better terms and conditions. They aim both to protect and improve the pay and conditions to which workers are subject whilst campaigning to influence the legislation to which their members are subject. Many also provide their members with legal and other similar advice, benefits such as sickness and holiday facilities, representation in disciplinary proceedings and education.

Introduction to trade unions

Trade unions came into existence in order to protect the rights of individual workers who had little or no employment rights and who were unable to influence the manner in which employers behaved towards them. By acting together with others, workers were able to assert their rights and gradually over the years these rights have increased.

Unions represent a wide range of different jobs and industries with many of the larger unions spanning several different industry sectors and providing support to workers with a wide range of skills and job descriptions.

Today the role of the trade union has become entrenched within the employment law system with many procedures - for example consultations in relation to redundancy - requiring employers to consult trade unions before decisions are taken. Often, unions will negotiate agreements with employers on pay and conditions for their members and, when they feel matters are not being progressed adequately, will support their members in relation to industrial action.

Trade union recognition

Where a trade union is recognised by an employer then that employer will normally negotiate with the union, as opposed to the individual employees, in relation to issues such as pay and conditions.

Usually these recognition agreements are reached voluntarily, occasionally with the help of outside organisations such as Acas (Advisory, Conciliation and Arbitration Service). Where such an agreement is not forthcoming then, provided that there are more than 20 employees, a union may apply for statutory recognition. This involves an initial application in writing to the employer, which, if unsuccessful, is followed by an application by the union to the Central Arbitration Committee (CAC) who may carry out a ballot of the workforce to get a view as to whether recognition is something which the workforce as a whole require.

Collective bargaining

Where a trade union is formally recognised by an employer, it is able to undertake “collective bargaining” on behalf of the workforce with that employer over issues such as terms and conditions. Before this can take place both the trade union and employer needs to agree how any agreements reached are to operate - for example by allowing for union subscriptions to be deducted from wages and where, and how often, trade union meetings are to take place.

Should you join a trade union?

The decision whether or not to join a trade union is a personal decision for each individual worker and no employee can be forced by an employer or other employees either to join, or to refrain from joining, a trade union of their choice.

Many employees do join trade unions, and do so for a variety of reasons; some related to the job and its conditions, some relating to the ancillary benefits which many unions provide. Thus, reasons for joining trade unions can include:

  • because their colleagues have and they do not want to appear to be going against the trend
  • because they believe the union will help them to negotiate better pay and working conditions
  • because the union is able to offer them training and the chance for advancement within their job
  • to get access to general advice and support, including legal and financial advice
  • for the ancillary benefits which many unions, especially the larger ones, offer to their members such as insurance, health cover, funeral benefits and access to holiday facilities

Another reason for joining a union is the right to have a union representative accompany an employee to disciplinary and grievance hearings before an employer (although not all unions provide this) rather than relying upon a work colleague to accompany them.

Those wishing to join a recognised union should either approach a representative at their place of work for more information or contact the TUC to find out if there is a suitable union to join.

Trade union rights

Employees are entitled by law to join a trade union at work whether or not a union has been recognised by the employer. Among the protections which are given to trade union members are:

  • the right not to be refused employment
  • the right not to be dismissed, and
  • the right not to be selected for redundancy

    • on the grounds of union membership or activity

Just as an employee has a right to join a trade union, so too do they have the right not to be forced to join should they not wish to do so. This means, therefore, that employers are no longer allowed to operate what were referred to as ‘closed shop arrangements’ - that is to say where you could only work for the employer provided that you were a member of a particular trade union. Similarly, an employer is not allowed to deduct union membership fees from your salary without consent.

If a trade union is recognised by an employer then those employees who are entitled to take time off at an appropriate time for involvement in trade union activities, including:

  • voting in union elections
  • taking part in work-related discussions with the union, and
  • voting on industrial action

Get in touch with our team of expert Employment Solicitors for further advice and information on 084 4804 4800