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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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Recognised union (by employer) A, having complied fully with

Customer Question

Recognised union (by employer) A, having complied fully with the ballot and notice requirements, confers protection not only on its own members but also on non-members and on members of the non recognised Union B.
Is this correct in respect that non recognised Union B members has equal protection as that of Recognised union (by employer) A. what case law or employment law does this relay upon?
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Are you asking this question in respect of a non member taking part in industrial action?
Customer: replied 2 years ago.

This relates a trade union (A) who has balloted its members. Trade union A has recognition with the employer. Following a ballot, trade union A members will be taking 'official' action

There are some employees that are not in a trade union and some who are in a different trade union (B).

The different trade union B does not have recognition with the employer so is not involved with any collective bargaining, same as a non union person. I understand that:

‘Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action’.

https://www.gov.uk/industrial-action-strikes/your-employment-rights-during-industrial-action



Does Union B members have these same rights?

I have read that - and in summary:

Dismissals during this period are automatically unfair if the principal reason is that the employee took the industrial action and:




  • action is protected if union has balloted etc. properly and/or picketed properly




  • in that event, protection extends to all those induced by union to take action or turn back at picket line.

    This protection applies regardless of whether the employee is a member of the union calling the action or indeed a member of any union at all.

    So Union A, having complied fully with the ballot and notice requirements, confers protection not only on its own members but also on non-members and on members of Union B.

    Of course, Union B must not encourage its own members, by “a nod and a wink” to participate in the action: if it does, it will be taken to have induced the action, thus depriving its members (and any other employees whom it induces) of protection from dismissal.

    This not a case of secondary action.

    Thank you




Expert:  taratill replied 2 years ago.
Hi other employees have protection under the principles of the Human Rights Act and freedoms of association, however this does not extend to members of union B, unless Union B supports the strike action it will be 'unofficial' action for that member who will not receive protection.
Therefore dismissal of member of union B will not be automatically unfair in those circumstances, but may be unfair under general employment law principles.
If you have any further questions please do ask.
Customer: replied 2 years ago.

Seeking clarification;

a non union employee, employed by the same employer ...who take[s} part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action’.

members of union B who are employed by the same employer - if one of those union B members decides on his/her volition to take part by not to going to work where there is a] legal, official industrial action does [not] have the same rights as [The balloting] union members not to be dismissed as a result of taking action’.

Expert:  taratill replied 2 years ago.
Correct unless Union B supports the strike action there is no protection for those employees.
Employees not in any union have protection if they join in.
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Hello is there anything further you would like to know about this as i can see you have not yet rated my answer?
Expert:  taratill replied 2 years ago.
Sorry please ignore that. Thanks and all the best for the future.