What are your rights during a union recognition campaign?

No matter what industry or sector you work in, recognition is a crucial part of workplace life to enhance your pay and terms and conditions. As a part of this, we may need to campaign on your and your colleagues’ behalf to secure recognition with your employer.

Whether you’re a union rep looking to secure recognition, or a Community member supporting a recognition campaign, it is crucial to understand your rights and protections during a recognition campaign taking place in your workplace.

In this blog, we’ll explore your rights as a union member,  as well as how you can safely exercise those rights when you’re campaigning in favour of securing recognition with Community.

What is a recognition campaign?

A recognition campaign occurs when union members seek formal recognition of a trade union by their employer. This can be done both in person and digitally. If the campaign is successful, your union gains the right to bargain collectively on pay, policy, terms and conditions and much more.

Recognition can be secured voluntarily (by your employer agreeing to work directly with us) or statutory (mandated by the Central Arbitration Committee (CAC) through a formal legal process). You can find out more about the differences between voluntary and statutory recognition here.

What are your rights during a recognition campaign?

You may know this, but as a union member, you are protected by law. This includes:

The right to join and support a union

Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA):

• you have the right to join or leave any trade union of your choice; and
• you are protected when taking part in official trade union activities, such as recognition.

Furthermore, under this act, your employer cannot:

• discipline, dismiss or victimise you for being a union member; and
• offer incentives to stop union support.

Protection from detriment

The TULRCA also makes it unlawful for your employer to subject you to any detriment (the state of being harmed or damaged) at work, such as reducing your hours, disciplining you, or overlooking you for employment opportunities because you are taking part in union activity, including recognition campaigns.

If you believe your employer has retaliated against you for supporting a recognition campaign, make sure to document everything and contact Community immediately for advice and support. If your employer is found to have mistreated you, you may be eligible to file a complaint of victimisation or unfair dismissal (if dismissed) to an employment tribunal.

Freedom of expression

As an employee, you have a right to freedom of expression to discuss union recognition at work (within reasonable bounds). This includes:

• Distributing leaflets and information about recognition with Community, or Community membership.
• Discussing union issues during breaks or outside of work hours.

Employers cannot forbid you from these activities, unless they are explicitly disrupting workplace operations.

Union access and communication with colleagues

If the CAC accepts a statutory recognition application from Community, they can order your employer to grant Community access to the workplace and workers to explain who we are, and how recognition will benefit them e.g. through on-site meetings or providing information about union membership, benefits and recognition.

Right to a secret ballot

If your employer does not agree to recognise Community voluntarily, the CAC can organise a secret ballot to gauge employees on their level of support. This ballot MUST be:

• free from intimidation (from either side); and
• organised impartially by an external organisation, such as Civica.

What are employers allowed to do during a recognition campaign?

If Community is campaigning for recognition in your workplace, your employer is legally able to:

• Express their views (for or against) recognition, as long as they do not mislead employees.
• Communicate with employees about the implications of recognition.
• Provide information (for or against) recognition, as long as it is factual and not threatening e.g. cost implications, existing HR provisions and information about staff associations.

Common challenges faced during recognition campaigns

For many workers, the thought of talking about being a member of a trade union like Community may feel taboo, however you are not alone. Common fears we hear about from members include:

• Fear of retaliation from the employer (remember, your employer cannot tell you to leave your union, or mistreat you for being a union member.)
• Some employers may provide misleading information to sway the workforce in voting against recognition, so make sure to fact-check any and all information shared by your employer with your union rep or Community.
• If there is a small Community presence in your workplace, you may feel isolated, however solidarity and good organising with your colleagues who are members of Community is key to overcome this.