Employees' Rights of Free Association with Unions -
Amendments to the Employment Relations Act 2004

Changes to UK industrial relations law has granted increased protection for workers. Employers may not offer inducements to their employees to not be a member of, nor to seek to join a union. Furthermore employeers may not entice employees not to take part in the activities, to make use of the services of the union or to give up having their terms and conditions of employment determined by a collective agreement negotiated by their union. These amendments to employment law were contained in the Employment Relations Act 2004 (Employment Relations Act 2004) and came into force in October 2004.

Disciplinary Hearings

The rules concerning the role of a companion at disciplinary hearings were also clarified. Further changes came into force on 31 December 2004. These are concerned with protection for workers in respect of trade union membership but also entitle trade unions to exclude individuals for political activity contrary to the union’s rules or objectives.

The remaining provisions of the Employment Relations Act came into force on 6 April 2005. These provisions amend the statutory procedure for trade union recognition and derecognition, as well as making technical changes to the law on industrial action, including ballots and notices.

Industrial Action

The Act increases the protections against dismissal of employees taking official, lawfully-organised industrial action by extending the ‘protected period’, during which it is automatically unfair to dismiss an employee taking such action, from 8 to 12 weeks. ‘Lock out’ days will extend this period. The law has also been clarified to ensure that dismissal on grounds of trade union membership or activities is unlawful regardless of age or length of service.

The one year qualifying period of employment and the upper age limit are removed in unfair dismissal cases arising from breach of an employee’s right to request flexible working and it is automatically unfair dismissal to dismiss an employee because he or she took time off to do jury service. No qualification period of service is required and there is no upper age limit. The normal ‘protection from detriment’ rules also apply.

Information and Consultation

New laws on informing and consulting employees came into force on 6 April 2005. Those who work for employers with 150 or more employees have the right to be provided with information and be consulted on major business decisions which affect them at work.

Employers can agree consultation arrangements with their employees which suit the individual circumstances of the business. Pre-existing arrangements that are supported by both employees and the employer will be allowed to continue.

Where there are not any existing arrangements, the onus is on employees to ask for information and consultation agreements to be put in place. Employers must comply with the request if it is supported by 10 per cent of the workforce.

The legislation applies to anyone carrying out an economic activity and will apply to employers with 100 or more employees from 2007 and to those with 50 or more employees from 2008.