Union recognition

An employer may ‘recognise’ a trade union for a number of different purposes, and at one of a number of different ‘levels’ in terms of the range of employees and premises covered. The level of recognition may also refer to the scope of the facilities that are made available under a recognition agreement between an employer and a union.

In terms of purpose, an employer may recognise a union in respect of a number of specified matters relating to the employer’s relationship with its workforce, but not in respect of other such matters. At its highest level, an employer may recognise a trade union for the purposes of collective bargaining.

Conversely, even where a large number of employees are members of a particular trade union, the employer in question may not wish to recognise that union for any purpose, or at any level.

The right to be recognised

A statutory procedure by which trade unions may seek compulsory statutory recognition by an employer for the purpose of collective bargaining is available in certain specified circumstances. The process is complex. It is commenced by the union making a request to the

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House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

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