Work effectively with trade unions

Deciding how you wish to structure relations with your workers can help your business. If you recognise a trade union, it will benefit your business if you enjoy a good working relationship with its representatives. You may also benefit from union expertise on issues such as health and safety, drawing up disciplinary procedures, training, etc.

This guide will help you understand the role of a trade union, the benefits of union recognition and how to work effectively with union representatives. It also covers the obligations which arise when an employer agrees with a trade union to collect union subscription payments through the payroll, an arrangement commonly known as ‘check-off’.

---

The role of trade unions and their representatives

Although trade unions look after the interests of their members, they also recognise the advantages of working in partnership with employers. This is because a successful, profitable business is good for workers and therefore good for the union and its members.

An employer and a recognised trade union interact with the workplace in a number of ways, as set out below.

Negotiating collective agreements

If you recognise a trade union in your workplace, you will probably have agreed with the union to bargain with it about the terms and conditions of employment of those workers who fall within a defined bargaining unit.

Sometimes, that bargaining unit will include all workers but it is common for the unit to include just certain categories of worker, eg production line operatives or technicians.

The objective of such collective bargaining is to conclude a collective agreement with the trade union. Where an independent trade union is recognised, the employer is obliged to disclose information to the trade union to facilitate the bargaining process.

Download the code of practice on disclosure of information to trade unions for collective bargaining purposes from the Acas website (PDF, 310K)- Opens in a new window.

A collective agreement is between a recognised trade union (or group of unions) and an employer (or groups of employers). Most typically, they set out the terms and conditions – eg pay, benefits and working time – to be included in the employment contracts of the workers in the bargaining unit. Other collective agreements are purely procedural and regulate the working relationship between the union(s) and the employer(s).

A collective agreement isn’t legally enforceable unless it:

• is in writing
• states that it’s meant to be legally enforceable

In the UK, most collective agreements are not legally enforceable.

For more information on collective bargaining and collective agreements, see our guide on recognising and derecognising a trade union.

Informing and consulting

Under certain circumstances, you must inform – and consult with – representatives of a recognised trade union about:

• collective redundancies – see our guide on redundancy: the options
• transfers of business ownership – see our guide on responsibilities to employees if you buy or sell a business
• occupational and personal pension schemes – see our guide: know your legal obligations on pensions
• health and safety – see our guide on how to consult your employees on health and safety

However, you could enter a voluntary agreement with a trade union to inform and consult the union about broader business and workplace issues on a regular, ongoing basis. The union may want to set up a joint consultative committee specifically for this purpose.

For further information, see our guide on how to inform and consult your employees.

Representing workers at disciplinary and grievance hearing

Employees and other workers have the right to be accompanied at a disciplinary or grievance hearing. They can choose to be accompanied by a co-worker or a union representative. Often, the union representative, will be a workplace representative who is also a co-worker.

Non- and partly unionised workplaces

You may have to inform and consult other workplace representatives – known as ’employee representatives’ – where you:

• Don’t recognise any trade union in your workplace.
• Do recognise a union (or unions) in your workplace but not all your workers are represented by that union (or those unions). This may be because they do not belong to the bargaining unit for which the trade union is recognised.

See our guide on working with non-union representatives.

---

The benefits of union recognition

Some employers prefer to deal directly with their workers – or their elected representatives – without trade union involvement.

However, recognising and working closely with a trade union has a number of benefits.

Single point of contact

Having a single body for negotiating terms and conditions for workers is simpler than dealing with workers individually.

However, once you have agreed to this collective style of negotiating, you’ll be obliged to disclose certain information to the union for collective bargaining purposes – see our guide recognising and derecognising a trade union.

Worker involvement

If you negotiate terms and conditions and consult on workplace issues with a recognised union:

• your workers are likely to feel more involved in the way the business is run
• you can encourage trust and commitment among the workforce

In turn, these may help your business by improving retention rates.

Experience of employment relations

Trade unions represent not only the workers in your business, but many others in similar, related organisations. Therefore, they’re likely to have a broad perspective on many issues affecting your organisation.

Union representatives with experience of employment relations in particular are a useful source of legal and good-practice advice on HR and employment law issues. This experience may be especially useful during difficult times, eg during proposed collective redundancies or business transfers – see the page in this guide on the role of trade unions and their representatives.

If you can show the union representatives that you are interested to hear about your workers’ concerns, they in turn may help get your message across to their members. Even unpopular decisions may be more acceptable to your workers if you can persuade them and their union that a change is necessary for the continued health of the business. For more information, see our guide on how to inform and consult your employees.

Informing and consulting with experienced union representatives together – with input from workers – can also help you make better-informed business decisions in general, eg in relation to shift patterns or the kind of equipment you should invest in.

---

Effective relations with union representatives

As an employer you have certain responsibilities towards union representatives who are your employees. However, you can improve relations with representatives and their union members by offering them help to carry out their administrative duties.

Time off work for trade union duties

If you recognise a trade union, it is normal for that trade union to appoint one or more of your workers to act as its local workplace representative(s).

Such representatives of an independent, recognised trade union are entitled to reasonable time off work with pay for union duties and to undergo union training at an appropriate time.

In addition, such workplace representatives, in common with other members of the recognised trade union, are entitled to reasonable time off without pay to engage in union activities, eg to attend the annual conference of the trade union.

When arranging time off, union representatives and the employer are expected to consider the effect of their absence in terms of health and safety, inconvenience for the employer and the safety of the public. See our guide on trade union membership rights.

Download the code of practice on time off work for trade union duties and activities from the Acas website (PDF, 408K)- Opens in a new window.

Information and consultation

It is a good idea to:

• inform representatives of recognised trade unions about important developments in the business that may affect their working conditions
• consult them before implementing such changes

You have specific legal obligations to inform and consult union representatives on certain matters – see the page in this guide on the role of trade unions and their representatives.

Use of company facilities

To help union representatives carry out their duties, you could:

• allow them use of company facilities, eg office space, telephone and email access
• help with union administration, eg by deducting subscriptions from employees’ wages, something known as ‘check-off’

If relations with trade unions break down

If relations between you and your employees and/or their unions deteriorate and you can’t find a solution, outside help may be needed, eg from Acas, to improve relations or settle any dispute. See our guide on industrial disputes.

The Acas Model Workplace

The Acas Model Workplace tool can help you assess the effectiveness of your communication and employee involvement practices and give you guidance on setting up and maintaining good employment relations. You can find out about the Acas Model Workplace on the Acas website- Opens in a new window.

---

Administering union subscriptions and payments into union political funds

Some trade union members pay their union subscriptions by deduction from their wages. The employer passes these payments directly to their union. These arrangements are commonly known as the ‘check-off’.

Administering the check-off

Where check-off arrangements exist, you may lawfully make deductions only where the worker has given you their written consent and has not subsequently withdrawn that consent.

The consent must be signed and dated and contain their authorisation to check-off deductions being made from their wages. The authorisation document is effective from the date on which the worker signs it and remains valid until it is withdrawn.

You can pre-print consent forms as long as the worker signs and dates the form personally.

A union can obtain the written authorisation and then forward it to you. However, you remain responsible for ensuring that deductions are not made unlawfully.

A worker who has union subscriptions deducted from their wages by their employer may make a complaint to an employment tribunal against the employer if the deduction was made without proper authorisation.

The duration of check-off arrangements

You are not obliged to keep making check-off deductions indefinitely. Check-off is a voluntary arrangement, and you have no statutory duty either to operate it at all, or to continue to do so having started.

However, if you have entered into a contractual agreement with workers to operate check-off, you could be in breach of contract if you stopped the arrangement.

Worker’s withdrawal of consent to the check-off

If a worker wants to withdraw their consent to the check-off, they must write to you notifying you that they no longer wish to have check-off deductions made. They must allow you reasonable time to stop the deductions.

The role of the union

The union has no statutory role in administering the check-off.

However, you can involve the union in carrying out your statutory duties with regard to check-off.

You could, for example, ask the union to help you get initial consent from its members. You may also choose to charge the union for the administration involved in providing the service of collecting its members’ subscriptions.

However, it remains your responsibility to ensure that you act lawfully when you make check-off deductions.

Payment into union political funds

Some trade unions have established ‘political funds’, which they use to finance their political activities. Where individual union members pay subscriptions into a political fund, via the so-called political levy, the employer often collects it at the same time as the member’s other union subscriptions.

Therefore, if you operate ‘check off’ on behalf of a trade union, and that trade union has a political fund, you will probably also collect the political levy on behalf of the trade union.

Union members are entitled to opt out of paying into their union’s political fund at any time. Where individuals exercise their right to opt out, and inform you accordingly, you will have to reduce the amount you deduct from their pay by the amount of the political levy.

For more information, download trade union political funds guidance from the Department for Business, Innovation & Skills (BIS) website (PDF, 109K).

---

Blacklisting of trade union members

It is unlawful for any individual, business or other organisation – subject to certain exemptions – to compile, use, sell or supply a blacklist.

A blacklist contains details of people such as their name, address, NI number, work history etc, who are, or have been union members, or have taken part in the activities of a trade union.

A list is only a prohibited list if it is compiled with a view to being used by employers or agencies for the purposes of discrimination in relation to recruitment or the treatment of workers.

It is unlawful to, for reasons relating to a blacklist:

• refuse a person employment, or the services of an employment agency
• dismiss an employee
• subject an employee to any other detriment

If an employee suffers a loss as a result of unlawful blacklisting activity, they can make an employment tribunal claim, or in the case of unions and other individuals, eg the self employed, make a claim in court.

Blacklisting represents an aggressive form of systematic discrimination against trade unionists and has a minimum level of compensation of £5,000.

Exemptions

Exemptions from compiling or using a blacklist include:

• The unwitting supply of a prohibited list.  This covers Royal Mail and other organisations that deliver such lists, and cannot be reasonably expected to know that they were doing so.
• Where lists are used in the public interest to draw attention to the existence of unlawful blacklisting. This exemption covers journalists and whistleblowers. No information about a person whose details appear on the list may be published unless they have consented to its publication.
• Listing involved with specialist appointments by trade unions or others, where knowledge or experience of trade union affairs is a necessary condition of employment. This exemption recognises that lists might need to be used by trade unions and others during recruitments, eg academic institutions when appointing Industrial Relations professors or Trade Union teachers.

What you can do if you’ve been subjected to blacklisting

An individual may apply to an employment tribunal to seek compensation:

• from an employer for being refused employment
• from an employment agency for refusal to offer its services
• for dismissal from employment
• for suffering some other detriment because that individual’s name was on the blacklist

Compensation is capped at £65,300. The minimum compensation payable is £5,000 prior to any deductions that may have to be made.

In addition, a person may apply to the county court (or the Court of Session in Scotland) for damages for financial loss and injured feelings because of any outlawed blacklisting activity. If they do this, they cannot claim compensation from the employment tribunal regarding the same loss.

In theory, a trade union could make such a claim, as well as individual workers.