Trade unions, collective disputes and industrial action
Are you currently struggling to work alongside a trade union? Are you concerned about a collective dispute? Or do you believe that there is a possibility of industrial action against your business?
Whether your business has a new trade union to work alongside or you are struggling to work with the current trade union in place, we can assist you by providing practical and logical advice to benefit your business. Collective disputes and industrial action is often an area which causes employers a great deal of stress, however we can help to take the stress out of the situation and provide you with clear and practical advice.
Employers and trade unions should work together to ensure that the employees’ provisions operate effectively and for mutual benefit. The legal area of trade unions is a relatively complex one, meaning that employers often do not know what they can or cannot do. If you would like any assistance in working with a trade union or how best to deal with trade unions please contact one of our dedicated team who will ensure you understand the business' position.
Collective disputes can involve disputes in relation to: engagement, termination, physical working conditions, terms and conditions of employment, duties of employment, allocation of work, discipline and a range of other matters. If you would like any further information about the definition of a collective dispute, would like to discuss a possible dispute in your business or you would like assistance in drafting a collective dispute procedure please contact one of our friendly team.
Industrial action happens when trade union members are in a dispute with their employers which cannot be solved through discussion and negotiations.
As an employer you may stop an employee from working or coming back to work during a dispute. This is called a ‘lock-out’. We would advise that you seek legal advice from our experienced team before following a lock-out process to ensure that the correct procedure is being followed; this will minimise the chance the employee has to bringing a claim.
If an employee takes industrial action, it is likely they will be in breach of their employment contract, thus you may not have to pay them for the work that was not carried out while industrial action was taking place. Furthermore, as an employer you may be able to sue the employee for breaking their contract, although this is not a common approach by employers.
If you would like advice on industrial action in general, how to deal with industrial action or how to calculate an employee’s length of service who has participated in industrial action please contact one of our team who will be able to provide you with advice tailored to your business.
How can Moore Blatch assist?
The team at Moore Blatch can help to simplify the law surrounding trade unions, collective disputes and industrial action so that you feel comfortable and confident moving forwards. We can assist by either providing you with advice in the background, so that you can ask for assistance as and when you need it, or by helping you to prepare documents and prepare for meetings.
For more information please contact Katherine Maxwell or Naomi Greenwood.