Q&As

Is an employer required to permit an unrecognised trade union on to its premises to access its members and recruit new members?

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Published on LexisPSL on 21/01/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is an employer required to permit an unrecognised trade union on to its premises to access its members and recruit new members?

Statute confers several important rights upon an independent trade union once it has been recognised. Most of these are conferred whether the union’s recognition is statutory or voluntary.

The rights conferred on an independent and recognised trade union include the following:

  1. the right to disclosure of information by the employer for the purposes of collective bargaining

  2. the right for union officials, learning representatives of the union, and other union members, to take time off work for trade union duties and/or activities

  3. the right to be consulted on a number of issues

The purpose for which a trade union is recognised, and the level at which it is recognised, will determine, further, the level of access it has to the workplace. For example, a facilities agreement is the lowest level of recognition by an employer, and allows the union to use some facilities within the employer’s premises, such as noticeboards and/or office space.

For further information, see Practice Notes:

  1. The rights conferred by trade union recognition.

  2. Trade union recognition

By contrast, a union that is not recognised does not enjoy the benefit of the access provided to a recognised

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