We value your privacy

We use cookies to enhance your browsing experience, serve personalised ads or content, and analyse our traffic. By clicking "Accept All", you consent to our use of cookies. Cookie Policy

Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorised as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site.... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

  • Cookie
    cookieyes-consent
  • Duration
    1 year
  • Description

    This cookie stores your preferences for cookie storage on this website.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyse the key performance indexes of the website which helps in delivering a better user experience for the visitors.

  • Cookie
    _gid
  • Duration
    1 day
  • Description

    This cookie is used by Google Analytics to distinguish unique visitors and tracks page views.

  • Cookie
    _gat_UA-131692418-18
  • Duration
    1 minute
  • Description

    This cookie is used by Google Analytics and stores the unique identity number for this website. 

  • Cookie
    _ga_3TQVK1E8HM
  • Duration
    2 years
  • Description

    This cookie is used by Google Analytics to track your session on the website.

  • Cookie
    _ga
  • Duration
    2 years
  • Description

    This cookie is used by Google Analytics and distinguishes unique users on the website.

Advertisement cookies are used to provide visitors with customised advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns.

No cookies to display.

Subscribe

  • 01942 727 200
Twitter Linkedin
EML - Employment Management LTD Logo
  • Home
  • About EML
    • Meet the Team
    • Clients
    • Corporate Social Responsibility
  • Services
    • HR Consultancy Services
      • Disciplinary and Grievance Investigations
    • Employment Law
    • Employment Tribunal Representation and Insurance
    • Health & Safety Consultancy
    • Non-Core Services
      • Employee Assistance Programme
      • Employee Wellbeing Programmes
        • Wellbeing Retreat Days
      • HR Management Software Solution
      • Mediation Services
      • Employee Outplacement Services
      • Personality Profiling Analysis
  • Resources
    • Blogs & Articles
    • Factsheets & FAQ’S
    • Case Studies
  • Training
    • e-learning
    • Workplace Health & Safety Training
    • HR Essentials
    • Modern Day Slavery
    • Training Materials for Employee Representatives
    • World of Work Training Programme
  • Events
  • Testimonials
  • Contact Us
  • Home
  • About EML
    • Meet the Team
    • Clients
    • Corporate Social Responsibility
  • Services
    • HR Consultancy Services
      • Disciplinary and Grievance Investigations
    • Employment Law
    • Employment Tribunal Representation and Insurance
    • Health & Safety Consultancy
    • Non-Core Services
      • Employee Assistance Programme
      • Employee Wellbeing Programmes
        • Wellbeing Retreat Days
      • HR Management Software Solution
      • Mediation Services
      • Employee Outplacement Services
      • Personality Profiling Analysis
  • Resources
    • Blogs & Articles
    • Factsheets & FAQ’S
    • Case Studies
  • Training
    • e-learning
    • Workplace Health & Safety Training
    • HR Essentials
    • Modern Day Slavery
    • Training Materials for Employee Representatives
    • World of Work Training Programme
  • Events
  • Testimonials
  • Contact Us

Are employers nervous about increased claims for Trade Union recognition?

The effects of industrial action have been impossible to escape in recent weeks, and whilst such action is far more common in the public sector, the effects of the rising cost of living on real wages may be leaving some private sector employers worried about an increased appetite for union recognition among workers in non-unionised workplaces.  Here we take a brief look at what this involves, and how employers might head-off potential Trade Union challenges.

What are the implications of Trade Union recognition?

A union that is recognised by the employer for the purposes of collective bargaining will gain important statutory rights, including:

    • for its members to take time off work for union activities and duties
    • to be given information from the employer to enable it to participate in collective bargaining on terms and conditions of employment
    • to be consulted on collective redundancies and transfers
    • to be informed and consulted in respect of health and safety matters and certain pension issues

The right for the Trade Union to participate in collective bargaining does not mean that the employer has to agree to its demands.  However, terms which are agreed through collective bargaining will be legally incorporated into the contracts of employment of workers within the bargaining unit(s) covered by the agreement.

What is Statutory Trade Union Recognition?

Provided that the employer has at least 21 workers a Trade Union can invoke a statutory recognition procedure which is overseen by the Central Arbitration Committee (CAC).  The process for applying and achieving statutory recognition has a number of stages but the key criteria that the union must satisfy to are:

    • at least 10% of workers in the proposed bargaining unit must be members of the Trade Union
    • more than 50% of the proposed bargaining unit must be likely to support recognition (the CAC will hold a ballot where current membership is less than 50%)
    • a similar claim for recognition under the statutory procedure has not been made in the previous 3 years

Where a Trade Union is successful in obtaining statutory recognition it must be recognised by the employer for collective bargaining on pay, hours, holidays and any other matters agreed by the parties.  Collective bargaining procedures will need to be agreed and where the employer and union cannot agree these voluntarily either party can apply to the CAC for assistance.  If agreement still cannot be reached, the CAC will impose a collective bargaining procedure which will then be legally enforceable unless both parties agree otherwise, or agree to vary or replace it.

Is it better for an employer to voluntarily recognise a Trade Union rather than have a statutory recognition agreement imposed upon it?

An employer can choose to enter into an informal voluntary recognition agreement with a Trade Union at any time.  The advantages of doing so can include:

    • The employer is in a better position to negotiate the terms of such an agreement than it is where a statutory application is made, e.g., in terms of what workers the agreement will cover, what terms and conditions will be negotiated upon, what union facilities will be provided etc
    • Such a voluntary agreement, provided that it is with an independent trade union, can serve to prohibit a statutory application being made with regard to the same or a similar group of workers by a different Trade Union
    • Because the agreement is voluntary, it can be ended by the employer subject to any notice provision in the agreement, although this would not remove any terms and conditions which are already deemed to have been incorporated into individual contracts of employment

How can an employer reduce support for Trade Union recognition?

Where an employer is concerned about potential support amongst employees for Trade Union recognition, there are steps it can take which might reduce the risk.  These include:

    • Setting up channels for the information and consultation of employees on business issues which might impact them, such as an employee consultative committee/forum
    • Improving communication with employees generally, making them more aware of what is going on within the business, e.g., regular newsletters or presentations
    • Following fair grievance procedures so that employees feel that they have an effective means of raising individual issues
    • Training managers in effective communication techniques and how to deal with workplace conflict
    • Implementing an effective employee engagement strategy

Further information can be found on our ‘Trade Union Recognition‘ factsheet which is available for free download and includes a flowchart summarising the various stages when applying for statutory recognition. Alternatively, if you are an employer who needs further advice or assistance in this area, please do not hesitate to contact us on 01942 727200, or email enquiries@employeemanagement.co.uk

  • Lisa Bradley
  • August 8, 2022
Share this article:
PrevPreviousAn important reminder for employers to maintain health and safety standards
NextManaging long-COVID in the workplaceNext

Subscribe to our employment law updates

Don't miss new updates on your email

Privacy Notice - Cookie Policy - Terms & Conditions

EML Limited ©2018. Website managed by Beech Web Services

Access Our Free Resources

Simply fill in the form below to gain access to our wonderful range of free business resources.