FAQ
What are my employment rights in workplace disputes?
If you’ve been working somewhere less than two years, then you have fewer working rights. Until you hit the two-year mark, you are essentially in probation, in the eyes of the law – the company can dismiss you without due process.
My contract says I can’t talk about my conditions or pay with coworkers. Is that legal?
No. You’re always legally allowed to talk about your pay and working conditions with coworkers. Trade union activity is protected by law, and if a company tries to interfere with that in any way, it’s illegal..
Can the company retaliate against me for trying to unionise?
It is illegal to cause detriments to any workers for union activity. This is true whether or not they’re actually in a union or not – if an employer treats you badly because they mistakenly think you’re in a union, that’s still illegal. That doesn’t mean that companies don’t try to do it sometimes! A detriment is any form of worse treatment. This could mean they deny you opportunities to train and advance, give you less pay or fewer hours, intimidate or bully you in any way, or even sack you. If you suffer any workplace detriments, our union provides advice and representation throughout the disputes process, and free legal representation at tribunal should it come to that.
If we haven’t been recognized yet, can I still get union representation in workplace disputes?
Yes. It is your statutory right to be accompanied to grievance and disciplinary hearings, whether or not you’re in a workplace with a recognised union. You don’t even have to be in a union at all, although a union might choose not to represent you in that case.
Doesn’t being in a union mean going on strike?
A strike is the absolute last possible step when workplace negotiations have broken down. Joining a union does not mean going on strike. And then going on strike is itself a long process that everyone has to prepare for really carefully.
Do I have to tell my company that I’m in a union? What if I don't want to use my union as something for my work
Not when you’re organising, not when you’ve signed up, not even after you win recognition. Unions do not inform companies who are on their member rolls. Before you’ve signed your data protection forms, we don’t even inform you who’s signed up. You can choose to inform your company that you’re in a union. This has several pros and cons. On the plus side, it increases your legal protection, since the company can’t claim they didn’t know. It also means you can organise more openly. On the negative side, it can make you a target, and the company may try to block your ability to organize.
What can a union do at my workplace before you’re recognised?
Unions can take any of the collective actions above, and anything else you can think of. On our end, we can provide advice on organizing, recruiting, workplace disputes, and any other situations. If you have more than two years, the company must follow a fair process in all disputes. In either case, you have the statutory right to be accompanied at any grievance or disciplinary hearings. You have no right to be accompanied in investigations related to disciplinary or grievance matters, but the company may choose to allow it. Either way, you still have protection in the form of the Equality Act, which protects you from illegal discrimination, and from the Whistleblower Act, which protects you against retaliation from any protected disclosures to other people at the company or to external watchdogs about health and safety. It is illegal to cause detriments to anyone for their protected characteristics (and everyone has these) or for being a whistleblower.
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