Working with trade unions: employers

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1. Overview

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

You must:

2. Collective bargaining

You鈥檒l need to work with unions to discuss changes to your employees鈥� terms and conditions. This is called 鈥榗ollective bargaining鈥�.

Collective bargaining covers the terms and conditions of workers in a defined 鈥榖argaining unit鈥�. This can include all employees in a workplace or just certain groups of workers, for example technicians.

It鈥檚 up to you and the union to agree on which terms and conditions are covered, but it鈥檚 usually things like pay, holiday, and working hours.

Running collective bargaining

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

  • who鈥檒l represent the workers
  • who鈥檚 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 cannot 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, for example the company鈥檚 pay and benefits structure or information about its profits, assets and liabilities.

Read the .

Collective agreements

If collective bargaining leads to an agreement, for example about a pay increase or change in working conditions, it鈥檚 called a 鈥榗ollective agreement鈥�.

3. 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

If you fail to consult the union about any of these, you鈥檒l be breaking the law and could be fined - the amount depends on the situation.

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

Read detailed guidance for on the Acas website.

4. 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 鈥榗heck-off鈥�.

It鈥檚 up to you if you want to run the check-off. A union cannot force you to run the check-off unless you鈥檝e agreed to it in your workers鈥� employment contracts.

Authorising the check-off

A worker must give you written permission to take their union subscriptions from their wages.

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鈥檚 in your workers鈥� employment contracts, you may have to give them notice.

The role of the union in the check-off

The union does not 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.

Even if you involve the union in the check-off, it鈥檚 still your responsibility to make sure you make check-off deductions properly.

5. 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 (鈥榬eps鈥�).

Union reps have certain rights. They鈥檙e allowed reasonable time off work:

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

Reasonable time off does not have to be taken as annual leave.

Block lists

You cannot discriminate against anyone because they鈥檙e in the union or because of their union activity.

With rare exceptions, it鈥檚 also illegal to compile, use, sell or supply a 鈥榖lock list鈥� of union members that will be used to discriminate against them.