Overview
Employment relationship, especially in the UK, is regulated and well-guided by constantly changing laws to mirror new trends. Suppose you are a new hire or potential employee in an organisation, this law will facilitate individual and collective relationships by forming Employment Contracts and Collective agreements. Its role is to inform employers of and outline that employees and workers have the right to be part of or participate in an industrial action through a trade union.
This post unveils the definition of collective employment law, explores the main provisions, outlines the examples of relevant legislation guiding activities of trade unions, and sheds light on how a trade union is statutorily formed and recognised.
Definition
As a people practice professional, it is important to understand what collective employment law is. It is a subset of legislation that regulates the activities and conduct of trade unions and professional employee associations such as staff/work councils. This sets grounds for a legal cause and action when the employer violates collective agreements.
Further information: Collective employment law - Oxford Reference
Main provisions
In the people profession, collective employment law concerns itself with several issues regarding collective agreements and collective bargaining. While this is an opportunity for employees to join labour associations, it is guided by specific law provisions that render activities of employees’ official or unofficial actions. Note that an official employee action is formal by following trade union procedures, membership input, and authorised by specific trade union laws while unofficial action does not follow these rules.
The main provisions are: employee rights to collective bargaining or negotiations about pay and conditions, and other changes relating to employment relations in the workplace, right to organise and participate in different forms of industrial actions and their authorisation, disclosure of employee information and consultation, and trade union recognition.
However, as people professionals, one ought to know that different legislations have different provisions.
Examples of relevant legislation and provisions
Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992)
The purpose of this law is to promote and improve industrial relations through collective bargaining among employees’ unions and employers’ associations in the UK. It guides union representation by complying with the Act’s provisions such as placing a duty to all employers regarding recognition of the trade and labour unions as independent entities that act in employee’s interests and requests. This means that information disclosed or requested must be in the employer's possession, should not violate what is forbidden or amount to employees' security concerns and should be for collective bargaining only. Additionally, trade unions' activities must abide by disclosure guidance regarding the material extent of employees' information. Summarily, the Act outlines procedures to follow when conducting trade union activities and rights of members such as balloting to authorise industrial actions.
The Trade Union Act 2016 (TUA)
TUA was enforced on March 1st, 2017, as an amendment or rather, an improvement of TULRCA 1992. Its purpose was to establish new restrictive measures for trade unions conduct, membership, and political funding. The main provision areas are industrial actions, employers' associations, guidelines regarding the actions of a Certification Officer, and trade union activities. Under the Act, unions should provide employers with a two-week notice which is more than 7 days from the previous requirement and authorisation of an industrial action must meet a 50% threshold in ballot turnout. In contrast, at least 40% of voters should support it in the public sector. Lastly, the voting paper must clarify the trade dispute and industrial action plan.
Examples of industrial actions under the acts include:
Strike: This is an action depicting refusal to work. Officially, individuals who can participate must be members and have taken part in the authorisation (ballot votes) of a trade union activity for them to be covered.
Picketing: This is when union members gather outside their place of work and try to persuade other workers why they are striking for them to join the cause. Under collective employment law, this is an indirect industrial action. Its regulatory guidelines include; that it should be conducted or considered to further a trade dispute, should be peaceful, must be near the place of work, should not amount to civil law issues like trespassing, and must be guided by a union representative who is familiar with the code of practice.
Statutory recognition procedure of unions
The statutory recognition procedure requires the formation and voluntary recognition of a trade union to satisfy several conditions and steps. These are, a union should be formed by 21 or more workers in the same organisation (employer), it should have a clear identification (name) and bargaining unit, and cite or state the request for formation complies with Employment Relations (NI) Order 1999. Further, immediately after the request is made to the employer, they have 10 working days to give feedback. If the employer agrees with the request, the trade union is formally recognised. In the event the employer does not accept the request, they can request for negotiations to amend the bargaining unit. In this case, the employer has 20 working days to present its request for the amendment and agreement. The trade union may approach the Central Arbitration Committee (CAC) and the Labour Relations Agency (LRA) for assistance if the amended bargaining unit is not agreed on. CAC reviews the bargaining unit and imposes recognition including standard terms for legally binding agreements while LRA offers conciliation services.
Conclusion
Formation of a collective agreement to formalise employment relationships is a sensitive affair and significantly necessary due to its positive implications on collective bargaining. Collective employment law, therefore, creates a safe space for negotiations of collective bargaining agreements, guides employee representation during disputes, and influences activities of both unions and employers. It regulates employee-employer relationships and governs mutual expectations.
Overview
Employment relationship, especially in the UK, is regulated and well-guided by constantly changing laws to mirror new trends. Suppose you are a new hire or potential employee in an organisation, this law will facilitate individual and collective relationships by forming Employment Contracts and Collective agreements. Its role is to inform employers of and outline that employees and workers have the right to be part of or participate in an industrial action through a trade union.
This post unveils the definition of collective employment law, explores the main provisions, outlines the examples of relevant legislation guiding activities of trade unions, and sheds light on how a trade union is statutorily formed and recognised.
Definition
As a people practice professional, it is important to understand what collective employment law is. It is a subset of legislation that regulates the activities and conduct of trade unions and professional employee associations such as staff/work councils. This sets grounds for a legal cause and action when the employer violates collective agreements.
Further information: Collective employment law - Oxford Reference
Main provisions
In the people profession, collective employment law concerns itself with several issues regarding collective agreements and collective bargaining. While this is an opportunity for employees to join labour associations, it is guided by specific law provisions that render activities of employees’ official or unofficial actions. Note that an official employee action is formal by following trade union procedures, membership input, and authorised by specific trade union laws while unofficial action does not follow these rules.
The main provisions are: employee rights to collective bargaining or negotiations about pay and conditions, and other changes relating to employment relations in the workplace, right to organise and participate in different forms of industrial actions and their authorisation, disclosure of employee information and consultation, and trade union recognition.
However, as people professionals, one ought to know that different legislations have different provisions.
Examples of relevant legislation and provisions
Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992)
The purpose of this law is to promote and improve industrial relations through collective bargaining among employees’ unions and employers’ associations in the UK. It guides union representation by complying with the Act’s provisions such as placing a duty to all employers regarding recognition of the trade and labour unions as independent entities that act in employee’s interests and requests. This means that information disclosed or requested must be in the employer's possession, should not violate what is forbidden or amount to employees' security concerns and should be for collective bargaining only. Additionally, trade unions' activities must abide by disclosure guidance regarding the material extent of employees' information. Summarily, the Act outlines procedures to follow when conducting trade union activities and rights of members such as balloting to authorise industrial actions.
The Trade Union Act 2016 (TUA)
TUA was enforced on March 1st, 2017, as an amendment or rather, an improvement of TULRCA 1992. Its purpose was to establish new restrictive measures for trade unions conduct, membership, and political funding. The main provision areas are industrial actions, employers' associations, guidelines regarding the actions of a Certification Officer, and trade union activities. Under the Act, unions should provide employers with a two-week notice which is more than 7 days from the previous requirement and authorisation of an industrial action must meet a 50% threshold in ballot turnout. In contrast, at least 40% of voters should support it in the public sector. Lastly, the voting paper must clarify the trade dispute and industrial action plan.
Examples of industrial actions under the acts include:
Strike: This is an action depicting refusal to work. Officially, individuals who can participate must be members and have taken part in the authorisation (ballot votes) of a trade union activity for them to be covered.
Picketing: This is when union members gather outside their place of work and try to persuade other workers why they are striking for them to join the cause. Under collective employment law, this is an indirect industrial action. Its regulatory guidelines include; that it should be conducted or considered to further a trade dispute, should be peaceful, must be near the place of work, should not amount to civil law issues like trespassing, and must be guided by a union representative who is familiar with the code of practice.
Statutory recognition procedure of unions
The statutory recognition procedure requires the formation and voluntary recognition of a trade union to satisfy several conditions and steps. These are, a union should be formed by 21 or more workers in the same organisation (employer), it should have a clear identification (name) and bargaining unit, and cite or state the request for formation complies with Employment Relations (NI) Order 1999. Further, immediately after the request is made to the employer, they have 10 working days to give feedback. If the employer agrees with the request, the trade union is formally recognised. In the event the employer does not accept the request, they can request for negotiations to amend the bargaining unit. In this case, the employer has 20 working days to present its request for the amendment and agreement. The trade union may approach the Central Arbitration Committee (CAC) and the Labour Relations Agency (LRA) for assistance if the amended bargaining unit is not agreed on. CAC reviews the bargaining unit and imposes recognition including standard terms for legally binding agreements while LRA offers conciliation services.
Conclusion
Formation of a collective agreement to formalise employment relationships is a sensitive affair and significantly necessary due to its positive implications on collective bargaining. Collective employment law, therefore, creates a safe space for negotiations of collective bargaining agreements, guides employee representation during disputes, and influences activities of both unions and employers. It regulates employee-employer relationships and governs mutual expectations.
Overview
Employment relationship, especially in the UK, is regulated and well-guided by constantly changing laws to mirror new trends. Suppose you are a new hire or potential employee in an organisation, this law will facilitate individual and collective relationships by forming Employment Contracts and Collective agreements. Its role is to inform employers of and outline that employees and workers have the right to be part of or participate in an industrial action through a trade union.
This post unveils the definition of collective employment law, explores the main provisions, outlines the examples of relevant legislation guiding activities of trade unions, and sheds light on how a trade union is statutorily formed and recognised.
Definition
As a people practice professional, it is important to understand what collective employment law is. It is a subset of legislation that regulates the activities and conduct of trade unions and professional employee associations such as staff/work councils. This sets grounds for a legal cause and action when the employer violates collective agreements.
Further information: Collective employment law - Oxford Reference
Main provisions
In the people profession, collective employment law concerns itself with several issues regarding collective agreements and collective bargaining. While this is an opportunity for employees to join labour associations, it is guided by specific law provisions that render activities of employees’ official or unofficial actions. Note that an official employee action is formal by following trade union procedures, membership input, and authorised by specific trade union laws while unofficial action does not follow these rules.
The main provisions are: employee rights to collective bargaining or negotiations about pay and conditions, and other changes relating to employment relations in the workplace, right to organise and participate in different forms of industrial actions and their authorisation, disclosure of employee information and consultation, and trade union recognition.
However, as people professionals, one ought to know that different legislations have different provisions.
Examples of relevant legislation and provisions
Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992)
The purpose of this law is to promote and improve industrial relations through collective bargaining among employees’ unions and employers’ associations in the UK. It guides union representation by complying with the Act’s provisions such as placing a duty to all employers regarding recognition of the trade and labour unions as independent entities that act in employee’s interests and requests. This means that information disclosed or requested must be in the employer's possession, should not violate what is forbidden or amount to employees' security concerns and should be for collective bargaining only. Additionally, trade unions' activities must abide by disclosure guidance regarding the material extent of employees' information. Summarily, the Act outlines procedures to follow when conducting trade union activities and rights of members such as balloting to authorise industrial actions.
The Trade Union Act 2016 (TUA)
TUA was enforced on March 1st, 2017, as an amendment or rather, an improvement of TULRCA 1992. Its purpose was to establish new restrictive measures for trade unions conduct, membership, and political funding. The main provision areas are industrial actions, employers' associations, guidelines regarding the actions of a Certification Officer, and trade union activities. Under the Act, unions should provide employers with a two-week notice which is more than 7 days from the previous requirement and authorisation of an industrial action must meet a 50% threshold in ballot turnout. In contrast, at least 40% of voters should support it in the public sector. Lastly, the voting paper must clarify the trade dispute and industrial action plan.
Examples of industrial actions under the acts include:
Strike: This is an action depicting refusal to work. Officially, individuals who can participate must be members and have taken part in the authorisation (ballot votes) of a trade union activity for them to be covered.
Picketing: This is when union members gather outside their place of work and try to persuade other workers why they are striking for them to join the cause. Under collective employment law, this is an indirect industrial action. Its regulatory guidelines include; that it should be conducted or considered to further a trade dispute, should be peaceful, must be near the place of work, should not amount to civil law issues like trespassing, and must be guided by a union representative who is familiar with the code of practice.
Statutory recognition procedure of unions
The statutory recognition procedure requires the formation and voluntary recognition of a trade union to satisfy several conditions and steps. These are, a union should be formed by 21 or more workers in the same organisation (employer), it should have a clear identification (name) and bargaining unit, and cite or state the request for formation complies with Employment Relations (NI) Order 1999. Further, immediately after the request is made to the employer, they have 10 working days to give feedback. If the employer agrees with the request, the trade union is formally recognised. In the event the employer does not accept the request, they can request for negotiations to amend the bargaining unit. In this case, the employer has 20 working days to present its request for the amendment and agreement. The trade union may approach the Central Arbitration Committee (CAC) and the Labour Relations Agency (LRA) for assistance if the amended bargaining unit is not agreed on. CAC reviews the bargaining unit and imposes recognition including standard terms for legally binding agreements while LRA offers conciliation services.
Conclusion
Formation of a collective agreement to formalise employment relationships is a sensitive affair and significantly necessary due to its positive implications on collective bargaining. Collective employment law, therefore, creates a safe space for negotiations of collective bargaining agreements, guides employee representation during disputes, and influences activities of both unions and employers. It regulates employee-employer relationships and governs mutual expectations.
Frequently asked questions on collective employment law
What is the law on industrial action?
Explain the main provisions of collective employment law
The difference between unofficial and official employee action.
What are the considerations for an industrial action and its legality?
What is the validity of an industrial action upon agreement?
Explain TUA 2016 in depth and the UK’s legal position.
What is the legal enforceability of collective agreements? Explore the following links:
https://www.cipd.org/uk/knowledge/guides/working-trade-unions/
https://www.davidsonmorris.com/collective-bargaining/
https://app.croneri.co.uk/topics/collective-agreements/summary?section=5207&product=283&topic=6313