Rights to trade union membership

Rights of various employee representatives

An organisation may have different types of employee representative as well as trade union representatives.

These may include:

• health and safety representatives
• pensions trustees
• representatives in the case of redundancies and transfers
• members of works councils

If a union is recognised by the employer, the employer must consult representatives appointed by the recognised trade union on matters affecting the groups of employees they represent, including:

• collective redundancies
• transfers
• health and safety
• occupational pensions

For redundancies and transfers - where there is no recognised trade union - employees have the right to elect representatives, whom the employer must consult. This is in addition to any individual consultation required by law - see our guide on making an employee redundant. In the case of health and safety, an employer must consult:

• union safety representatives
• elected representatives in a non-unionised workplace, or where there are none, the employees themselves

This consultation must cover safe working practices and the basic health, safety and welfare rights of employees. You can benchmark your business at the Health & Safety Performance Indicator website. Representatives should also be consulted in the event of contact with the Health and Safety Executive.

Both union and non-union safety representatives have the right to:

• paid time off to carry out their role and undergo training provided by the employer
• raise issues with the employer that affect the health and safety of members
• facilities and support from the employer to carry out inspections and risk assessments
• receive legal and technical information from the employer

Other employee representatives

Representatives for redundancies and transfers, pensions trustees and members of works councils have the right to:

• communicate with affected workers and to have appropriate facilities to do so
• not be unfairly dismissed or suffer adverse treatment on the grounds of their work as a representative
• reasonable and paid time off work to do their duties

Advantages of employee representatives

Having formally appointed representatives can greatly benefit you as an employer.

Health and safety representatives are required by regulations and having people as permanent appointments allows for proper training. Pension trustees usually benefit from having an employee representative among them and many schemes require at least one to be on the board. You may find it useful to have known representatives to talk to about problems and developments within the workplace. This helps both formal and informal communications.

Subjects covered in this guide

• Introduction
• Rights of trade union members and non-members
• Rights of union officials
• Rights of union learning representatives
• Rights of various employee representatives

 

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