Can my employer stop me joining a union?

Nathanparkes

Hi guys,

I'm currently a bit worried about the safety of my job, and I'm thinking it may be in my interest to join a union to help represent me should any problems arise.
The problem is, my employment contract says I am not allowed to join a union.
Can my employer do this? I've signed the contract but I thought it was everyone's right to join or not join a union of choice.

Thanks

Takeaway_Addict

No they can't

elsien

Short answer - no they can't stop you.
https://www.gov.uk/join-trade-union/trade-union-membership-your-employment-rights

Does it say you're not allowed to join a union, or does it say they don't recognise unions. A lot of companies don't recognise unions for negotiating purposes, but that doesn't stop you as an individual from getting them involved if you need to.
Which with a bolshy employer is looking more likely than not.

RichardD1970

http://www.gmb.org.uk/work_issues/union_rights.aspx

The wonders of Google

Nathanparkes

Thanks guys, I know it says about you being able to join a union on there, but I have signed the contract, so I didn't know if I'd basically waived my rights.
It says that you can't join one, not that they don't recognise them.
I think for a large company, they need to be updating themselves too, they recently pulled a colleague into a review and refused them the right to have a peer represent them, saying it could only be someone from an approved list of people in the company.

To be honest I don't really want to be employed with them for much longer, but I need to play by the rules, so I need to make sure if I do join a union, it's not going to affect me in a negative way.

Takeaway_Addict

The company are right if it is just a review, the only right to have someone accompany them is for a disciplinary.

But no they cannot overwrite statutory law regarding unions

elsien

How are they going to know anyway, unless you tell them?
Which you won't need to do unless you get into a situation where you need union representation. Which with any luck won't happen, but they're there as a back up if it comes to it.
Join the union, pay your subs directly and your employer will be none the wiser. Till it comes back and bites them on the @rse.

caroline1973lefty

to put that in your contract. i am shocked tbh but then maybe i am naive.

i'm no lawyer but i would have thought that they can't rely on contract law to say that you have signed away your statutory rights to join a union.

having said that you only have the right to be accompanied in disciplinaries etc (i think you were asking about this?) by a union rep, where the union is formally 'recognised' ie has negotiating rights with management. which obviously isn't the case in your workplace.

but you have the right to take someone in with you (unless that has changed in the last couple of years)

you could contact ACAS to ask for their advice, or the TUC.

you could just join a union anyway (no-one can stop you doing that, Thatcher tried and lost with GCHQ security service workers, the only exception now is the armed forces) and not tell them - so long as you pay by direct debits (which you would, in an unregconised workplace) then there's no reason for them to know. Then your union would give you advice, too.

HTH

ollyshaw

As people are saying, " you cannot agree to a contractual term which gives you fewer rights than your statutory rights" see here and here.

That point on the contract is totally unenforceable.

Oly

caroline1973lefty

to clarify that last post - if the union is 'recognised' you can take anyone you like from the union in with you to a discplinary type situation. if you are a union member but the union is not recognised, then i THINK you can only take another employee (but any employee, union member or not) in with you but i don't think you would have the right to take a union rep who was not also a fellow employee, in with you. hth

theoretica

I imagine that several unions might be interested to see a copy of the relevant bit of your contract!