Trade Unions & Industrial Action
Whilst it is fair to say that trade union activity tends to be more prevalent in larger organisations, trade unionism is still very much alive and well. Even with the recent consolidation of some of the UK’s biggest unions they remain a powerful force in representing their members’ interests.
At a simple level, the most an employer may experience union involvement is the employee who wants to be accompanied to a disciplinary hearing by a trade union representative. At the other end of the scale, however, some organisations will have an extremely close working relationship with a number of trade unions, probably through the operation of collective or recognition agreements, Works Councils or even ad-hoc local arrangements where unions are not formally recognised.
Industrial action is rare these days and it is more likely to take place in larger organisations. However, a strike or even a threat of a strike can be crippling for most employers. There is often the public battle for the political and moral high ground, but assuming the threat of a strike is real, then employers need to act decisively. Initially the focus will be on negotiation, but at the same time the business will need to assess the risks and benefits of applying for a High Court injunction in order to try and prevent the strike taking place. If a strike is imminent, then taking steps to mitigate any adverse effects need to be actioned which in turn will involve difficult decisions about dismissals, withholding pay, trying to galvanise other staff to fill in for any gaps, together with other strike-busting measures.
Other issues arise in trying to negotiate voluntary recognition agreements, or attempting to defend formal recognition bids following in the event an application to the Central Arbitration Committee is made. Even those organisations thinking about introducing Works Council agreements may still have to think carefully about the role unions might play even if they are not formally recognised within the business.