Trade Unions
Trade unions activity tends to be confined to larger organisations and still thrives. With the consolidation of some of the UK’s biggest trade unions, it means they remain a powerful body in representing their members’ interests.
Some businesses will have forged working relationships with trade unions (usually through collective or recognition agreements), or with Works Councils, or via ad-hoc arrangements whereby unions are not formally recognised but nevertheless co-exist and work constructively with the business.
Union activity also arises when organisations are trying to negotiate voluntary recognition agreements, or attempting to defend formal union recognition bids in the event that an application is made to the Central Arbitration Committee. Employers who are thinking about introducing Works Council agreements may have to think about the role unions could play even if they are not formally recognised within the business.
Industrial Action, the Employment Relationship and Union Immunity
- Lawful industrial action generally suspends the contract of employment but does not terminate it.
- Participation in lawful action limits an employer’s ability to discipline or dismiss.
- For industrial action to be lawful, it must comply with strict statutory rules including balloting, notice, and picketing conduct.
- Compliant union action benefits from statutory immunity against tortious claims.
Unfair Dismissal
- Employees dismissed for participating in official industrial action within 12 weeks are generally protected.
- After 12 weeks, protection may lapse depending on the circumstances and whether the employer has taken reasonable steps to resolve the dispute.
Combatting Threats of Industrial Action
- Employers may seek injunctions for unlawful action or where balloting or notice requirements are not followed.
- Preparing contingency plans, communicating with employees, and engaging in negotiations or mediation are critical.
- Strategic planning should also address reputational impact and continuity of operations.