Union Recognition
Recognition means that your employer is prepared to negotiate with an independent trade union or unions over terms and conditions of employment. The employer must consider representations but there is no joint decision-making.
The Employment Relations Act 1999 introduces statutory procedures for the recognition of independent trade unions in workplaces employing more than twenty workers. Generally, the emphasis is on voluntary recognition and agreement where possible between employers and trade unions.
Where agreement is not possible, then an employer may be made to recognise a trade union for collective bargaining purposes. Collectove bargaining will cover issues of pay including defined pension contributions and benefits, hours and holidays at the minimum, unless the parties agree to negotiate additional matters.
A number of other legal advantages flow from recognition.
All companies with 250 employees must include in their annual report a statement of the measures taken to provide information to, and to consult with, employees on matters of concern to them.
The Employment Relations Act 1999 introduces statutory procedures for the recognition of independent trade unions in workplaces employing more than twenty workers. Generally, the emphasis is on voluntary recognition and agreement where possible between employers and trade unions.
Where agreement is not possible, then an employer may be made to recognise a trade union for collective bargaining purposes. Collectove bargaining will cover issues of pay including defined pension contributions and benefits, hours and holidays at the minimum, unless the parties agree to negotiate additional matters.
A number of other legal advantages flow from recognition.
- The duty to deal with and give facilities to safety representatives appointed by the union under the Health and Safety at Work Act 1974.
- Consultation on occupational pensions.
- Consultation on redundancies, on takeovers and mergers and the automatic transfer of collective agreements. Where a union is recognised for classes of workers affected by collective redundancies, takeovers or mergers, the employer must consult with the trade union even where other appropriate employee representatives exist in the workplace.
- Disclosure of information, for instance, financial information, for the purposes of collective bargaining, with a legally enforceable right to obtain better terms and conditions if information is denied.
- Time off with pay for union representatives carrying out duties or training connected with collective bargaining, or time off without pay for union members attending internal union activities. The right to time off can be enforced by a claim to an Employment Tribunal. It is available to shop stewards, staff representatives and other elected representatives. It enables them to prepare for negotiations, draw up plans, consult other members and officers, and negotiate. The amount of time off is that which is ‘reasonable’ for carrying out duties and training in connection with their industrial relations functions.
All companies with 250 employees must include in their annual report a statement of the measures taken to provide information to, and to consult with, employees on matters of concern to them.
