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EMPLOYMENT – TRADE UNIONS 1
*Defined by s
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COLLECTIVE BARGAINING – TU steps in and bargains on behalf of the
collective on an area of dispute between emr and eme
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S
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However a TU can: Sue/be sued in own name; Enter into
contracts in own name; Be prosecuted for offences
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Trustees will have to pay
out property in event of judgment
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181 states that for the purposes of collective bargaining there is a duty of
disclosure information: All info which relates to undertaking in e’yers possession;
Material which would impede the TU in collective bargaining; Good industrial
practice to disclose
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*Voluntary agreement – s178 applies - Wide type of matters (inc): t & cs;
Termination/suspension; Allocation of hours; Discipline; Physical condition of
workplace; Pay, hours & holidays
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*legal effect of CB - Governed by ss
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Establishes procedures to be used in a
dispute
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Presumption that
agreement is not legally enforceable unless made in writing & contains provision
stating intention agreement is legally enforcable
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An employer
can sue a Trade Union
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Limited protection afforded by
statute with govern strike action
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2 TULR(C)A
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Procedure to becoming listed: Fee, Copy of rules, List of officers,
Address of head office, Details and name
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*A TU to receive a certificate must be independent: *It is not under the
domination/control of e’yer groups or associations; Not liable for
interference by above groups because of financial/ material support,
which would tend to give control
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Possible to appeal against refusal
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Many have
received certificates
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Refused: Blue Circle Staff Association v Certification
Officer (clearly evident that staff association had been formed by
management pressure ie no independent)
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Refused: Squibb UK Staff
Association v Certification Officer
*Advantages of cert of i: Member has a right not to suffer detriment or be
dismissed because of TU membership, activities or using TU services
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110 ERA 1996) * Negotiate to remove right of e’yees to strike (s
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203(sA) ERA 1996
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*Not only breach of contract, but if TU is telling emee to go on strike, TU is
committing a tort: Inducing or procuring a breach of contrac; Civil conspiracy
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*There is a potential of
illegal activities by TU and the emee
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Which are limited to: “Acts done in furtherance or contemplation of a
trade dispute”
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*a) ’Trade dispute’ - governed by s244 by labour relations act
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*linked with politics/media - BBC v Hearn/ Express Newspapers v
Keys
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It needs to be imminent and not a mere possibility
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That has to be a casual link, not just disruption
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219 protects a trade union who is encouraging
members re industrial action: Allows TU to call a strike /industrial action without
being sued in tort for inducing a breach of contract; Covers strikes by workers or
calls to strike/threats by TU officials; Protects those who threaten to induce a breach
of contract/ threaten performance of a contract
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219 does not apply to secondary
action
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Neither does s
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However peaceful picketing is lawful, but you could be
in breach of public order act
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There is no need for
formalities
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One it has been
recognised there are important legal consequences: Right to receive info
for collective bargaining purposes; and Right to be consulted on
redundancies and transfer of undertakings
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*Voluntary recognition: The TU must show a ET that there is a formal
agreement
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*Statutory recognition: Statutory procedure in schedule A1 of the Act
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*Application
can be made by independent TU to Central Arbitration Committee
(CAC) for purposes of deciding recognition for collective bargaining
 
purposes
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*Effect of loss of statutory immunity: TU is liable in tort to the employer
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219
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* Limitation on damages per claim depending on number of members –
maximum £250,000
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There is no legal
requirement for a secret ballot (support of members), but the effect of no ballot:
Industrial action authorised/endorsed by TU will not be protected by s
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TU liable
in tort; Members & public who are effected can apply for injunction to prevent
strike; and Employees who strike lose protection of s
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This would be an
official unprotected industrial action
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226 must be met
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Send sample voting paper to e’yer 3 days before ballot
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All members who TU believes
will be induced to strike must be balloted
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Separate workplace ballots
and requirement that majority of workers vote in favour
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Voting matters must relate to a trade
dispute
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Details of
votes must be given to members and employers
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Industrial action which takes place afterwards will not be protected

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