Do we have to allow trade unions to enter our workplace?

From 30th October trade unions will have the right to visit and communicate with workers in the workplace. This will apply to all employers with 21 or more workers. If the employer does not agree to a trade union’s request for access, the Central Arbitration Committee (CAC) can decide whether access should be granted and on what terms. There is also a Code of Practice setting out how the access regime should work in practice.

Why should trade unions have the right to access the workplace?

The purpose of the right is to meet, support, represent, recruit or organise workers, and to facilitate collective bargaining. However it cannot be used to organise industrial action.

What can trade unions do once they gain access to the workplace?

Trade unions should be able to enter the workplace, communicate with workers digitally, or both, as long as this does not unreasonable interfere with the employer’s business. Employers must also take reasonable steps to facilitate access.

How does a trade union obtain access?

1. The trade union must make a formal request to the employer (it does not need a minimum level of membership within the workforce).

2. The employer has 15 working days to respond, confriming its contact person, whether it agrees or disagrees with the request and why. A standard response form is set out in the Code of Practice.

3. There is then a 25 day negotiation period.

4. If agreement is not reached the trade union may apply to the CAC within 55 days of the original request.

5. The CAC will decide whether access will be granted and if so on what terms. 

Model terms

Regulations set out model terms for access arrangements, but the trade union and the employer may agree different terms. The model terms include:

– Physical or digital access to the workplace once a week

– 5 days’ notice for the first access

– 2 days’ access for each subsequent access

– Reasonable meeting spaces and facilities to be made available to the trade union

– Reasonable privacy for the trade union

– Trade unions to comply with reasonable employer instructions

Physical or digital access?

– Physical access means coming on site to workers’ actual workplace e.g. a staff canteen

– Digital access means online meetings or access to email channels

When should access take place? 

– This should be during normal working hours e.g. lunchtime

Privacy

– Employer representatives may not attend access meetings or record online meetings

What if another trade union is already recognised?

– The regulations state that it would be reasonable for the CAC to refuse access in these circumstances 

Is there a penalty if the employer breaches the access agreement?

– The financial penalty for a first breach is £75,000

– The financial penalty for a second breach is £150,000

– The financial penalty for any further breaches is £500,000

If you receive an access request or would like further advice regarding trade unions please call us or email help@yourhrpartner.co.uk

Categorised in: Uncategorized

This post was written by SKHR