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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If an employer does not recognise a union (hasnt been asked

Resolved Question:

If an employer does not recognise a union (hasnt been asked to do so) can the employees who are members of the union still take industrial action.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you the employee in this scenario?

taratill :

what industrial action do you propose to take?

Customer:

No the employer, I employ Radiographers, but as a Company we do not recognise any trade unions, the Radiographers in the NHS are about to stage a 1/2 day walkout,they are members of the Society for Radiographers

taratill :

So are you, as the employer, actually party to this dispute or is the dispute with the NHS.

Customer:

The dispute is between the Radiographers who work directly for the NHS and are members of the union "The Society of Radiographers". I have a few Radiographers who work for me who are also members of the above union. I am not indispute with my employees, they would be supporting their union colleagues in the NHS

taratill :

Hi political industrial action of this nature is unlawful. In order for employees to be protected the industrial action in which they take part must involve a dispute between their employer and the trade union. This means that if your employees do take part they will not have immunity from disciplinary action. You can inform the employees/ union of this in advance of the action.

taratill :

If you have any further questions about this please do ask.

Customer:

taratill, many thanks

taratill :

No problem, I would be grateful if you would take the time to rate my answer, I will be happy to answer any follow on questions you may have. Thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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