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5. Union and collective organisation
[ch 5: pages 112-113]Most union and collective organisation rights are found in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), which was amended by the Employment Relations Act 1999 (ERA 99) the Employment Relations Act 2004 (ERA 04) and by the Transfer of Undertaking (Protection of Employment) Regulations 2014 (see Chapter 12). In Northern Ireland, these rights are found in the Trade Union and Labour Relations (Northern Ireland) Order 1995 (TULRO), as amended.
These laws lay down the status of a union and its duties in respect of keeping accounts, submitting returns and the conduct of elections, as well as setting out rights of trade unions and members.
Additional duties in relation to union membership records have been imposed on unions by the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. For more information see page 134.
It is unlawful to enforce 100% union organisation (a closed shop). Section 222 of TULRCA states that all industrial action to enforce 100% union membership agreements or to cause an employer to discriminate against a non-member is unlawful, leaving the union at risk of legal penalties. Any dismissal of a non-union member to enforce 100% membership is automatically unfair.
It is unlawful under section 145A of TULRCA for an employer to offer a worker an inducement not to join a union or take part in union activities, or to join a union or any particular union(s).
It is also unlawful under section 145B of TULRCA for an employer to offer a member of a trade union that is recognised or seeking recognition, an inducement to stop or prevent their terms and conditions being negotiated by a union through a collective agreement (collective bargaining). This law is of increasing importance to trade unionists:
In 2006, supermarket chain Asda was ordered to pay £850,000 for offering inducements to 340 members of the GMB general union to give up collective bargaining rights. Workers at its distribution depot in Washington, Tyne and Wear were offered a 10% pay rise to end collective bargaining at the site.
In 2014, Bromley Council was ordered to pay more than £64,000 to compensate 18 employees when it breached section 145B. An employment tribunal ruled that it had offered employees cash incentives to sign new contracts that took them out of existing collective bargaining agreements. The Council offered £200 each to workers to sign new contracts agreeing to a localised pay award to replace national and regional collective agreements. The case was brought by 18 UNISON members who did not sign the new contract, some of whom were dismissed and re-engaged on the new localised terms and conditions. The members were each awarded compensation of £3,600.
In future, section 145B of TULRCA is likely to be of particular relevance to trade unionists in circumstances where their employers attempt to change collective terms following a TUPE transfer. In January 2014 the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) were changed, making it significantly easier for employers to undermine collectively bargained terms after a transfer. The changes are explained on page 398.
The amount of the award payable to a worker by an employer who has offered an inducement is £3,800 (2015-16).
To gain access to many of the rights covered in this Chapter, the union must be recognised by the employer. The rules governing recognition are summarised on pages 114-120.