Retail surgery: Am I obliged to let trade union members have paid time off for union activities?

The prospect of a unionised workforce can be daunting to an employer, but knowing your rights and obligations can help you to foster a positive working relationship with union members.

Laura Kearsley, associate in the employment team at law firm Weightmans LLP, says the law provides for both paid and unpaid time off for properly appointed union officials to carry out duties where an employer ‘recognises’ a trade union for collective bargaining purposes and has entered into a collective agreement with them.

“These requirements are more onerous on the employer, but as you have not, as an employer, recognised the trade union yet, you would not be subject to them if only a few members of staff have joined a union,” she says.

In certain situations, such as disciplinary hearings, the law allows employees to be accompanied by an authorised trade union representative. This right extends to employees without trade union membership. “To ensure statutory compliance, your staff should be informed of this right in writing,” says Kearsley. The role of a union official in such circumstances is limited and their remit should be controlled.

There are no other formal rights for employees who are members of a trade union where that employer does not formally recognise it. Specifically, the employer does not have to provide facilities for union activities such as meetings.