Working with trade unions: employers

Overview

If you recognise a union in your workplace there are certain rules you need to follow.

You must:

• give the union information in advance to help with collective bargaining
• inform and consult the union about major changes in the workplace
• follow proper procedures if you’re taking union subscriptions straight from your employees’ pay (the ‘check off’)
• let union reps and members have time off for union activities
• not discriminate against a worker because they’re in the union

Collective bargaining

You’ll need to work with unions to discuss changes to your employees’ terms and conditions. This is called ‘collective bargaining’.

Collective bargaining covers the terms and conditions of workers in a defined ‘bargaining unit’. This can include all employees in a workplace or just certain groups of workers, eg technicians.

Running collective bargaining

Employers and unions need to work out how to run collective bargaining, eg:

• who’ll represent the workers
• who’s included in a bargaining unit
• when and how often meetings will happen
• what to do if more than one union is recognised
• what will be discussed
• what to do if the union and employer can’t come to an agreement

Information to help with collective bargaining

Employers must give certain information to the union to help it with the bargaining process, eg the company’s pay and benefits structure or information about its profits, assets and liabilities.

Collective agreements

If collective bargaining leads to an agreement, for example about a pay increase or change in working conditions, it’s called a ‘collective agreement’.

Informing and consulting with unions

Employers must inform and consult with a recognised trade union about:

• collective redundancies
• transfers of business ownership
• certain changes to pension schemes
• health and safety

There’s more information on the pension scheme changes you have to consult about in the guidance below.

You can also make voluntary agreements with unions to regularly inform and consult them about other business and workplace issues.

Acas has detailed guidance about informing and consulting employees.

Union subscriptions

Some trade union members pay their union subscriptions directly out of their wages.

The employer then gives these payments to the union.

This is often called the ‘check-off’.

It’s up to you if you want to run the check-off. A union can’t force you to run the check-off unless you’ve agreed to it in your workers’ employment contracts.

Authorising the check-off

This must be signed and dated. Their permission starts from this date and continues until they say otherwise.

If you take the check-off without proper permission you could be taken to an employment tribunal.

You can pre-print consent forms as long as the worker signs and dates the form themselves. Unions are also allowed to get the written consent from the worker then forward it to you.

Stopping the check-off

You must stop taking check-off payments if your employee asks you to.

They must give you written notice to stop the check-off and you must be given reasonable time to stop it.

You can stop running the check-off at any time. If it’s in your workers’ employment contracts, you may have to give them notice.

The role of the union in the check-off

The union doesn’t have to help run the check-off. However, you can involve it if you want to. You could, for example, ask the union to help you get initial consent from its members.

You could also charge the union for the work involved in administering the check off.

Rights of employees in trade unions

If you recognise a union, it will normally name one or more of your workers as its local workplace representatives (‘reps’).

Union reps have certain rights. They’re allowed reasonable time off work:

• with pay for union duties and training at appropriate times
• without pay to take part in union activities, eg the union’s annual conference (trade union members are entitled to this as well)

Blacklisting

You can’t discriminate against anyone because they’re in the union or because of their union activity.

With rare exceptions, it’s also illegal to compile, use, sell or supply a ‘blacklist’ of union members that will be used to discriminate against them.