If you recognise a union in your workplace there are certain rules you need to follow. You must: give the union information in advance to help with collective bargaining inform and consult the union about major changes in the workplace follow proper procedures if you’re taking union subscriptions straight from your employees’ pay (the ‘check off’) recognise certain rights of employees in trade unions , such as allowing representatives time off work for union duties and activities There are some rules you need to follow whether or not you recognise a union, such as: recognising the rights of employees in trade unions , such as not discriminating against them for being in a union facilitating a union’s access to the workplace when you and the union have agreed on access

Right of trade unions to access your workplace

Unions have the right to request access to workplaces to speak with workers whether or not: you recognise the union workers are members of a union Unions have the right to request access to workplaces to: facilitate collective bargaining meet, support, represent, recruit or organise workers You should: respond within 15 working days of the union making the request work with the union to agree on access When you have reached an agreement, you should also facilitate any access. This can be: in person, such as allowing union meetings in the workplace digital, such as sending an email to workers on the union’s behalf If you cannot agree on access to the workplace, the union can refer the case to the Central Arbitration Committee (CAC). The CAC will decide on whether the union can have access. Read the guidance on workplace access for more information.

Collective bargaining

You’ll need to work with unions to discuss changes to your workers’ terms and conditions. This is called ‘collective bargaining’. Collective bargaining covers the terms and conditions of workers in a defined ‘bargaining unit’. This can include all employees in a workplace or just certain groups of workers, for example technicians. It’s up to you and the union to agree on which terms and conditions are covered, but it’s usually things like pay, holiday, and working hours. Running collective bargaining Employers and unions should work out how to run collective bargaining, for example: who’ll represent the workers who’s 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’s pay and benefits structure or information about its profits, assets and liabilities. Read the Acas Code of Practice on disclosure of information to trade unions for collective bargaining purposes . Collective agreements If collective bargaining leads to an agreement, for example about a pay increase or change in working conditions, it’s called a ‘collective agreement’.

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 You can also make voluntary agreements with unions to regularly inform and consult them about other business and workplace issues. Read detailed guidance for consulting employees and their representatives on the Acas website.

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 ‘check-off’. It’s up to you if you want to run the check-off. A union cannot force you to run the check-off unless you’ve agreed to it in your workers’ employment contracts. Authorising the check-off A worker must give you written permission to take their union subscriptions from their wages. If you take the check-off without proper permission, you could be taken to an employment tribunal or court. 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. 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’s still your responsibility to make sure you make check-off deductions properly.

Rights of employees in trade unions

You must recognise certain rights of union members, whether or not you recognise a union in your workplace. Union members right to time off work Union members have a right to reasonable unpaid time off during working hours for trade union activities, such as attending a union meeting. You can choose to give union members paid time off but do not have to. Discrimination against union members You cannot discriminate against anyone because they’re in a union or because of their union activity. This means you cannot dismiss, penalise, or refuse to employ someone solely because of their union membership. Rights when you recognise a union A union normally names one or more of your workers as its local workplace representatives (‘reps’). If you recognise a union in your workplace, reps who are employees have additional rights. They include leaning and equality reps. Time off work Reps have the right to request time off work to carry out their role. All requests should be reasonable. You must allow time off unless you can show that the request is not reasonable. Accommodation and facilities access Reps have the right to request access to accommodation and facilities to carry out their role and training. All requests should be reasonable. You must allow access to accommodation and facilities if the request is reasonable. Further information Reasonable time off does not have to be taken as annual leave. Read the Acas Code of Practice on time off for trade union duties and activities for more information.

Working with trade unions: employers

Overview

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

You must:

give the union information in advance to help with collective bargaining
inform and consult the union about major changes in the workplace
follow proper procedures if you’re taking union subscriptions straight from your employees’ pay (the ‘check off’)
recognise certain rights of employees in trade unions, such as allowing representatives time off work for union duties and activities

There are some rules you need to follow whether or not you recognise a union, such as:

recognising the rights of employees in trade unions, such as not discriminating against them for being in a union
facilitating a union’s access to the workplace when you and the union have agreed on access

View a printable version of the whole guide

Working with trade unions: employers

Overview

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Working with trade unions: employers

Overview

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