Kara Sears
Collective employment law in the UK regulates the activities and behaviour of trade unions, works councils, and employers' associations and the interactions between the two sides of industry. It covers issues such as the rights of workers to collective consultation and codetermination, the freedom of trade unions to organise, internal union government, trade union recognition, collective bargaining, and strikes, lockouts, and other forms of industrial action. A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work.
| Characteristics | Values |
|---|---|
| Definition | A branch of employment law that regulates the activities and behaviour of trade unions, works councils, and employers' associations and the pattern of interaction between the two sides of industry. |
| Purpose | To permit the existence of trade unions and to provide employees with the option of joining labour organisations. |
| Applicability | Applicable to organisations with at least 21 individuals and a membership of at least 10 workers. |
| Rights of Employees | Employees have the right to join any union of their choice without fear of retaliation from their employers. They can join as many unions as they want during their employment period with any firm. |
| Rights of Trade Unions | Trade unions can negotiate terms and conditions of employment, including pay, working hours, holidays, pensions, etc. Trade unions can take legal action against employers who breach agreements. |
| Obligations of Trade Unions | Trade unions are obligated to protect their members in negotiations, dispute resolution, and collective bargaining. They must follow the law and any pending court injunctions during industrial action. |
| Obligations of Employers | Employers must adhere to the collective bargaining agreement terms. They must consult with trade unions during redundancies and the transfer of undertakings to ensure fairness and adherence to agreements. |
| Enforceability | The collective agreement itself is not enforceable, but the terms negotiated are incorporated into the employee's contract of employment, which is enforceable. |
| International Context | Collective agreements are universally valid in some countries, such as Finland, establishing a legal minimum for wages and benefits. |
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What You'll Learn
Trade unions
Unions typically concentrate on collective bargaining, which is the process of representing the workforce in negotiations with employers over issues such as pay, terms and conditions, or redundancies. The union and the employer agree on the number of representatives appointed per 'bargaining unit'. If they cannot reach an agreement, the Central Arbitration Committee will impose one.
Union representatives may be appointed or elected, and they are responsible for representing and giving advice to colleagues in relation to workplace problems. They may also accompany union members to disciplinary or grievance hearings. Representatives are entitled to be paid for the time taken to perform their duties or for training.
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Collective agreements
The process of collective bargaining forms the basis of these agreements. Trade unions, recognised by employers, engage in negotiations to determine the scope of discussions and the collective bargaining process. This process is legally mandated when a sufficient number of employees request union recognition or when mandated by the Central Arbitration Committee (CAC). While collective agreements are usually not legally binding, they are influential. Employers must act consistently with the agreement when setting individual contracts.
These agreements can be implied or expressly incorporated into individual employment contracts. When expressly incorporated, the collective agreement is referenced in the contract, along with a clause stating that terms may change if the collective agreement varies. This means that individual contracts can add specific terms for each employee while adhering to the collective agreement's framework.
The content of collective agreements typically includes pay, leave, working conditions, dispute resolution processes, and union recognition. These agreements are beneficial even when not legally required, as they build trust with employees and streamline negotiations. They also ensure compliance with UK laws, such as the National Minimum Wage, Working Time Regulations, and statutory holiday entitlements.
Overall, collective agreements are a crucial aspect of UK collective employment law, facilitating negotiations between employers and employees' representatives and outlining the terms and conditions of employment. These agreements help maintain a balanced and compliant working relationship between the two parties.
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Collective bargaining
The process involves representatives of trade unions negotiating with employers on behalf of their members regarding terms and conditions of employment. It is based on the idea that more can be achieved through collective action than by working alone, with the goal of improving employee benefits and rights.
The scope of collective bargaining can vary. It may involve negotiations on specific matters affecting particular sections of the workforce or extensive negotiations on terms and conditions affecting the entire workforce. Common issues addressed include pay increases, working hours, holidays, pension contributions, and other matters agreed upon by both parties.
The bargaining unit can include all employees in a workplace or specific groups of workers, such as technicians. The specific terms and conditions covered are determined through agreement between the employer and the union.
In the UK, most collective bargaining arrangements are voluntary, and an employer's recognition of a trade union is crucial. Union recognition acknowledges the union's right to represent and negotiate on behalf of its members in various workplace situations. Reputable employers often recognise the benefits of voluntary union recognition, such as the ability to collectively negotiate wages and other terms for large groups of workers simultaneously. When an employer refuses to recognise a union voluntarily, the union can request an investigation by the Central Arbitration Committee (CAC) to require the employer's recognition.
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Industrial action
For industrial action to be considered 'official', a trade union must follow specific legal rules. This includes holding a ballot, such as a postal vote, where a majority of its members must support the action. During official industrial action, workers are protected by law. They can refuse to work, withdraw some of their labour, or engage in 'working to rule', where they refuse to perform optional tasks like working overtime.
Unofficial industrial action, on the other hand, occurs when workers take action without following the required legal processes. In this case, workers are not protected by industrial action law and may face disciplinary action, including potential dismissal. However, they still retain their usual employment rights, and employers must follow a full and fair disciplinary procedure.
Secondary action, or 'sympathy action', is a type of unofficial industrial action where workers support striking workers from a different workplace. This could include refusing to cross a picket line or handle goods from the employer involved in the dispute. While it is within the rights of workers to engage in secondary action, it is against the law per se in the UK.
In conclusion, industrial action is a legally protected right of workers in the UK to express their grievances. When organised by a trade union through the proper channels, it provides workers with a means to negotiate and protect their interests while ensuring a fair and orderly process for all parties involved.
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Employee rights
Collective employment law in the UK regulates the activities and behaviour of trade unions, works councils, and employers' associations, as well as the interactions between these two sides of industry. It focuses on issues such as the rights of workers to collective consultation and codetermination, the freedom of trade unions to organise, internal union government, trade union recognition, collective bargaining, and strikes or other forms of industrial action.
Trade unions are organisations formed by or comprised primarily of members who protect the interests of workers. When recognised in a workplace, they negotiate at a collective level on behalf of the workforce. This can include negotiating terms and conditions such as pay or working hours with employers. In the UK, there have been significant changes to collective employment law over the past two decades, including changes to trade union immunity and balloting procedures, and the introduction of statutory recognition procedures.
The Employment Rights Act 1996 outlines various rights for employees, including the right to an itemised pay statement, protection of wages (including the right to not suffer unauthorised deductions), and redundancy payments. This Act also covers short-term incapacity benefit, contributory employment and support allowances, and health and safety at work.
Employees in the UK also have rights regarding their working hours and time off, as outlined in the Working Time Regulations 1998. This includes the right to a minimum number of weeks of paid holiday per year, daily and weekly rest breaks, and limits on night work.
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Frequently asked questions
Collective employment law in the UK regulates the activities and behaviour of trade unions, works councils, and employers' associations, and the interactions between the two sides of industry.
Collective agreements, also known as collective labour agreements (CLAs) or collective bargaining agreements (CBAs), are written contracts negotiated through collective bargaining for employees by one or more trade unions with the management of a company or employers' association.
Collective agreements cover the terms and conditions of employees at work, including wages, benefits, duties, and rules for dispute resolution.
While the collective agreement itself is not enforceable, many of the terms negotiated will be incorporated into an employee's contract of employment, which is enforceable. In some countries, such as Finland, collective agreements are universally valid and create a legal minimum for any individual's employment contract, whether or not they are a union member.
Trade unions are organisations formed by or comprised primarily of members who protect the interests of workers. They negotiate on behalf of employees during collective bargaining, and their decisions are legally binding. Employees have the right to join a union of their choosing without fear of retaliation from employers.
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