Although trade union membership in the UK had been in decline since 1979, it has been steadily rising again in the last few years, with membership surging in certain groups and industries. Recent high-profile strike action and the successful pay offers that have followed have led to increasing membership as well as a renewed focus on what trade unions can achieve. Currently, more than 6.7 million people in the UK are trade union members.
In this article, we look at why trade unions are important and how they can benefit employees and help protect their rights in the workplace.
What are Trade Unions?
Trade unions are organisations that exist to represent and safeguard the interests of employees in the workplace through negotiation with employers and industrial action such as strikes and protests. For more information on industrial action, see our article on the Right to Strike here.
They provide a shared voice for workers, campaigning for higher salaries, job security and better working conditions. This is usually done by consulting and negotiating with employers to represent the views of their members, known as collective bargaining. They will also advise and provide support to members on workplace issues.
Trade unions must be registered with the government and are democratically controlled and funded through membership subscriptions and donations. Membership is voluntary, but trade union members pay a subscription which is used to finance the union’s activities.
How can Trade Unions Support Workers?
Trade unions provide a powerful voice in the workplace, advocating for better wages and working conditions.
They have had a long history of protecting and advancing workers’ rights in the workplace and campaigning about key issues in society. They were instrumental in obtaining key employment reforms such as the national minimum wage and the two-day weekend as well as improved parental leave rights and workplace equality legislation. These successes have benefited all workers in the UK, not just trade union members.
When an employer formally recognises a particular trade union in their workplace, it means that they have accepted the union’s role in representing and negotiating on behalf of its members in the workforce in many different situations.
Employers are obliged to work with recognised unions to:
- negotiate collective agreements on important issues like pay, hours of work, holiday and sick leave, health and safety and job security
- inform and consult trade unions over significant changes, such as possible large-scale redundancies, a transfer of undertakings (also known as TUPE) or certain pension changes such as the closure of a ‘final salary’ pension scheme.
- ensure that the health and safety of workers is prioritised in the workplace
Another important service that trade unions provide is legal advice and support to members who are in disputes with employers or have suffered unfair treatment. They can also accompany workers to a grievance or disciplinary hearing and provide advice and training for members on several employment rights and workplace issues.
How are Trade Unions Organised?
Most unions will have an elected national committee and general secretary to lead the union, hold regular conferences and decide on the union’s priorities. The union will also have a network of local branches, with ‘reps’ in every workplace.
A union rep (or shop steward) is elected by the union members to speak and act on their behalf. They are a crucial link between the union and its members. Their role is to sign up new members, raise any general concerns with management, hold meetings, help run ballots and give members information about union issues and local negotiations.
They can advise fellow workers when they have a problem at work and help resolve an issue before it escalates. They can also accompany them to formal meetings with the employer, such as those to discuss a worker’s capability, sickness record or flexible working request.
In larger workplaces, there may be other specialised reps that focus on health and safety, union learning and equality as well as the union reps.
Union reps are not usually paid for their union work. However, where the union is independent and officially recognised by the employer, the law permits them to have reasonable paid time off work to do union work.
Most unions will also employ solicitors, press officers and campaigners, as well as personnel to help members negotiate with employers, run the union and organise new workplaces.
Trade Unions and the Law
Trade unions have a special status in law that gives them unique legal rights and protections that other employee associations and groups do not have, for example, the right to be informed and consulted over changes at work, health and safety matters and redundancies.
Union Membership
All workers have a right to decide whether they want to join a trade union or not. As per the law, your employer is not permitted to induce you to change your decision by offering you a benefit or to intimidate you if you do not. Furthermore, they are not allowed to treat you unfairly, refuse you opportunities or career progression, or dismiss or make you redundant on account of your trade union membership.
Union reps are also protected from detrimental treatment or dismissal as a result of their trade union activities.
Right to be Accompanied
All employees have a statutory right to have a trade union representative, union official or colleague with them during a disciplinary or grievance hearing. This is regardless of whether they are members of that trade union and whether the union has been recognised by the employer or not.
Industrial Action
Strike action and other forms of industrial action amount to a refusal to perform full normal duties and would therefore involve a breach of the contract of employment. However, where industrial action is officially organised by a trade union and meets the stringent requirements set out in the legislation, that industrial action will be lawful and both the union and the employees who participate in the industrial action have statutory immunity.
The law also prevents an employer from dismissing someone who has taken part in lawful industrial action. Again, these rights apply irrespective you are a member of a trade union or not.
What are the Benefits and Disadvantages of Joining a Union?
There are clear benefits in working together as a collective voice to tackle issues that arise and win a better deal at work, especially during a time of financial crisis. But since you would get many of the benefits associated with collective bargaining without having to be a union member (as any benefits negotiated by the union will benefit all workers, not just union members), is it still worth joining a union as a member?
You may not have to be a member of a union to benefit from collective bargaining, but by joining a union, you get to have a voice and be part of the consultation and negotiation process. Furthermore, the larger the membership, the stronger your recognised union’s negotiating power will be in the workplace, leading to better deals and agreements for everyone.
Joining a union will often lead to better working conditions such as improved health and safety, more paid holidays and more training to help career progression. According to a report produced by the workers in unionised workplaces get paid around 6.5% more than workers in similar non-unionised workplaces. Unionised workplaces also have smaller pay gaps, meaning that women are more likely to get paid the same as men for doing the same or similar work. Unions often help negotiate terms relating to maternity or paternity leave, pensions and redundancy and may achieve more than the legal minimum for your workplace.
Another benefit of union membership is that unions usually provide their member with access to free legal advice on employment matters and will represent them at an employment tribunal. They will also offer support and provide representation if you have suffered from workplace discrimination, harassment or bullying. However, this is only possible if you have signed up as a member before the trouble at work arose.
As well as looking after members’ vested interests at work, unions also campaign on general social issues, such as pushing to make workplaces greener, more sustainable and inclusive. They also offer members training and networking events, as well as providing them with consumer benefits, such as discounts and savings at high street retailers, and financial advice.
However, there are some drawbacks to joining a trade union. It is expensive to join, typically between £10-20 a month. You may also need to pay a one-off initial membership fee.
Furthermore, there can be pressure to get involved in union activities, especially if the union has a strong presence in your workplace. While your union cannot force you to take part in a strike, there is often quite a bit of pressure to participate. This can be difficult if you don’t agree with the strike or don’t want to lose some of your pay (as you will not be paid for the days that you are striking).
How Do I Join a Union?
If you are interested in joining a trade union that is recognised by your employer, you should speak to the union rep who will be able to advise you if you are eligible to join. You will be able to find their contact details in your company handbook, intranet site or on the union noticeboard. Alternatively, the TUC has an interactive tool on its website to assist you in finding a trade union in your workplace or one that covers your type of job. If you would like any more information about what can trade unions do for their members and their role in the workplace, please feel free to contact our employment team at Witan Solicitors or email us.
Image Attribution 2.5 Generic (CC BY 2.5), Kaihsu
