Following a prolonged disruption in public sector services in the wake of industrial action, the Conservatives introduced the controversial Strikes (Minimum Service Levels) Act 2023 which allowed ministers to enforce minimum service levels in key sectors including education, health and transport.
The new measures allowed employers to provide ‘work notices’ to employees who voted to strike, forcing them to work to maintain minimum service levels or potentially face the threat of dismissal if they did not comply.
The Bill was criticised as being anti-union and Labour argued that minimum services levels would restrict the right to strike, adding that the measures had not ‘resolved strikes’ and had only ‘inflamed tensions’ with workers and unions.
As part of Labour’s pledge to strengthen worker’s rights, the repeal of the anti-strike law will be introduced within the first 100 days of tenure and is expected to begin parliamentary process in October 2024.
The move may be crucial in restoring trust and boosting the economy, but employers might now be concerned about engaging with trade unions when they have caused so much havoc of late.
For a trade union to be able to negotiate with an employer on behalf of a group of workers, it needs to be recognised by that employer. Sometimes, the employer will agree to recognise the union voluntarily. Where it will not do so and the union believes it may have the required level of support, legal procedures are available that provide a route to statutory recognition. Apart from the time and cost involved in contesting the claim, obstructing such a request puts the employer at serious risk of having a statutory agreement imposed on it, which allows for far less flexibility than a voluntary version.
As such, it pays to instigate dialogue with the union as soon as they make an approach as it’s often the case that they are relatively confident of having the required level of support to force recognition if the employer doesn’t agree to it voluntarily.
Alternatively, employers who are concerned about the threat of trade union recognition would be well-advised to implement alternative ways of communicating and engaging with employees, such as setting up staff forums or consultative committees. Employees who feel that they already have a voice within the company have less to gain from Trade Union Recognition, and may therefore be less inclined to support a claim.
Further information can be found on our ‘Trade Union Recognition‘ factsheet which is available for free download and includes a flowchart summarising the various stages when applying for statutory recognition. Alternatively, if you are an employer who needs further advice or assistance in this area, please do not hesitate to contact us on 01942 727200 and speak to a member of the team, or email enquiries@employeemanagement.co.uk.