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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
*** As of March 2025, there are increases to trade union rights on areas like recognition, industrial action, and access to the workplace. ***
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From junior doctors to taxi drivers… There have been numerous examples of industrial action within today’s economy. The Office of National Statistics (ONS) found approximately 51,000 working days were lost due to industrial action in Nov 2024.
To protect yourself from detrimental business disruptions, employers need to work alongside trade unions – striving for mutually beneficial outcomes. Today marks the start of ‘HeartUnions Week’ (10-16 February). Organised by Trades Union Congress (TUC), it celebrates trade union movement across the whole country.
Employers should use this week to encourage strong bonds with trade unions and its members. Failing this could leave you facing remedial orders, financial penalties, and workplace strikes. For further advice, contact one of our expert HR advisors free of charge today.
In this guide, we’ll look at what a trade union is, what legal rights members have, and how to work with them cohesively during workplace conflicts.
A trade union is a group of employees who join together to maintain or improve the terms and conditions of their employment contract. In the UK, common union members include teachers, nurses, engineers, apprentices, cleaners, and catering staff.
It’s advisable for employers to work alongside trade unions, especially during times of conflict. Not only does this strengthen employee relations, but it’s also beneficial in reaching agreements that suit both employees and the business.
Trade unions provide assistance and services for its members whenever required. They train representatives to help union members through workplace conflicts, like collective redundancies or industrial action. In the UK, trade unions have made significant changes to society; their works include:
There are many things that trade union representatives do. Most of them are made up of networks of local branches with representatives in every workplace. Trade union representatives (or reps) will:
Yes, trade unions are legal. They have special status under UK law which gives them distinct statutory rights that corporations don’t have. If an employer recognises a trade union, they must:
Trade union representatives have a right to consult their members and employers. You cannot punish an employee if they join (or don’t join) a trade union.
As of February 2025, a trade union's right to access will not apply to businesses that are run out of someone’s home. Only ‘qualifying’ trade unions will have a right to access, defined as unions that have an independent certificate.
Employees who are trade union representatives or members have access to certain statutory rights. Some examples of their legal rights include:
Employers cannot discriminate against employees because they’re in the union or because of their union activity. This is covered under the Trade Union and Labour Relations (Consolidation) Act 1992.
In rare cases, it’s also illegal to compile, sell, or supply a ‘block list’ of union members that’s used to discriminate against them.
Trade union representatives are allowed reasonable time off work with or without pay. (It’s important to note that reasonable time off doesn’t have to be used as annual leave). This is covered under the same legislation mentioned above. Reps may take time off work:
With pay: For union duties and training at appropriate times.
Without pay: To take part in union activities. For example, visit the union’s annual conference. (Trade union members are also entitled to this right, too).
Whilst trade unions are generally on the side of the employee, it’s beneficial for employers to establish solid, professional relations with them. Not only does this allow transparent communication, but it also strives towards the best outcome for business continuity.
Let’s take a look at how employers can work alongside trade unions in the most favourable manner:
Employers should start by discussing changes to employee terms and conditions with their unions. This is called collective bargaining – it covers the main terms outlined in a defined ‘bargaining unit’. This can apply to all employees in a business, or a select group of them.
Employers and unions need to establish how to run collective bargaining. Some details you’ll need to cover include:
Representation: Who will be representing the employees?
Members: Who will be included in the bargaining unit?
Meetings: When and how often will meetings be held?
Multiple unions: What happens if more than one union is recognised?
Information: What will be discussed during the meetings?
Stalemate: What happens if the employer and the union cannot reach an agreement?
Employers must provide certain information to the union that'll help with bargaining proceedings. For example, providing documents on your business’s pay and benefits structure. If the bargaining leads to unified terms, it’s called a collective agreement.
Under UK law, employers must inform and consult with a recognised trade union on certain matters. These can include:
Failing to consult unions about any one of these matters is an illegal offence. Employers could face financial penalties – the amount varying depending on the seriousness of the situation.
When employees join a trade union, they mostly do so by paying a fee. Some trade union members pay their union subscriptions directly from their wages. Their employer will pass these payments directly to the union – which is known as the ‘check-off’.
Employers can decide if they want to run the check-off. Unions cannot force you to run check-offs unless you agree to it through your employees’ employment contracts.
It’s important to note that employees must give written permission to take union subscriptions from their wages. This must be signed and dated; their permission starts from this date and continues until they decide otherwise.
If an employer takes a check-off without permission, it could result in an employment tribunal claim. You can pre-print consent forms for employees to sign and date themselves. Unions are also allowed to receive written permission from the employee, which is then forwarded to you.
Employers must stop check-off payments if their employees ask them to. This must be done in writing and reasonable time. Employers can stop running the check-off at any time. However, depending on contractual terms, you might need to provide notice to employees beforehand.
Employees can involve trade unions to help run the check-off. You can also charge them for the work involved in administering the check-off. However, employers still have full responsibility over all check-off deductions.
All employees have a legal right to join or seek trade union assistance without facing discriminatory consequences. When facing trade unions, employers should show professional cooperation – striving for the best outcome for all parties.
Peninsula offers expert advice on working with trade unions. Our 24/7 HR advice is available 365 days a year. Want to find out more? Book a free chat with one of our HR consultants. For further information, call 0800 051 3685.
Labour disputes; working days lost due to strike action; UK (thousands) | ONS
HeartUnions week 2025 | Trades Union Congress (TUC)
Trade Union and Labour Relations (Consolidation) Act 1992 | GOV
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