Recognising a trade union - the issues

Worker rights during recognition or derecognition

Workers are legally protected during the processes of both recognition and derecognition.

The first principle is that a worker must not be subject to detriment on grounds related to the process of union recognition or derecognition.

Detriment is broadly defined but essentially means that the worker should not suffer disadvantage on account of any act or omission by the employer. This could include:

• suspending the worker
• cutting his or her pay
• moving them to new duties
• failing to give them a pay rise

If any of the above occurs, the worker could bring a claim before an employment tribunal. The tribunal might decide that the employer acted unlawfully and award compensation to the worker.

In such cases the onus is on the employer to explain the rationale for the treatment the worker received.

If an employee is dismissed on grounds relating to union recognition or derecognition they may be able to make a claim for unfair dismissal to the tribunal. The same applies if an employee is selected for redundancy.

Subjects covered in this guide

• Introduction
• Meaning and types of trade union recognition
• Voluntary recognition of a trade union
• Statutory recognition of a trade union
• Legal consequences of statutory recognition
• Voluntary recognition within the statutory procedure
• Grounds and procedure for statutory derecognition
• Procedure where original bargaining unit is no longer appropriate
• Worker rights during recognition or derecognition

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