Can my employer stop me joining a union?

Uncertain

caroline1973lefty wrote: »

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

Sorry, no you are wrong.

In any formal disciplinary or grievance meeting you have a right to be accompanied by a trade union rep or a work colleague of your choice. It does not matter whether the employer recognises the union or not. They cannot restrict this right as any resulting dismissal would be automatically unfair.

Technically you do not even have to be a member of the union if the rep is willing to accompany you. All that matters is that they hold the "qualification". There was a case on here a while back where a lady took her father who happened to be a union rep in a totally different field. The firm didn't like it and took legal advice only to be told they couldn't refuse.

ohreally

Breach of TULRA 145A http://www.legislation.gov.uk/ukpga/1992/52/section/145A

ValHaller

European Convention on Human Rights

Article 11 – Freedom of assembly and association 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Human Rights. Don't try to demolish them - we would all be the poorer without them.

bitsandpieces

Takeaway_Addict wrote: »

they cannot overwrite statutory law regarding unions

Yes - assuming you're in the UK your right to join a union is protected, even if you have signed a job contract saying that you won't. An analogy might be if an employment contract stated that the company could racially discriminate against non-white employees - even if non-white employees signed the contract, it wouldn't override the law against this discrimination.

If you do join a union and your employer try to enforce this anti-union clause, I would expect that the union would defend you vigorously - for obvious reasons, unions tend to be rather against anti-union discrimination!

BobQ

Uncertain wrote: »

Sorry, no you are wrong.

In any formal disciplinary or grievance meeting you have a right to be accompanied by a trade union rep or a work colleague of your choice. It does not matter whether the employer recognises the union or not. They cannot restrict this right as any resulting dismissal would be automatically unfair.

Technically you do not even have to be a member of the union if the rep is willing to accompany you. All that matters is that they hold the "qualification". There was a case on here a while back where a lady took her father who happened to be a union rep in a totally different field. The firm didn't like it and took legal advice only to be told they couldn't refuse.

I agree.

The OP can find this information in http://www.acas.org.uk/CHttpHandler.ashx?id=1043

Does your firm have a staff handbook or electronic management system that explains its processes? If so read them, particularly given comments about the employer.

This ACAS document is just guidance on good practice, but employment tribunals usually regard a failure to follow the guidance as evidence of unfairness and expect the employer to demonstrate why it is not. Virtually all it states is included in legislation anyway.

Regarding joining a union there is legal protection:
https://www.gov.uk/join-trade-union/trade-union-membership-your-employment-rights

You have no reason to tell them you are a member and anyway if they did find out its illegal to threaten you with anything to encourage you to leave or to dismiss you for belonging.

keithrgj

ACAS sets the minimum standards expected by an employer, even though its just guidance or a code of practice, an employment tribunal will consider it as statutory

BobQ

Nathanparkes wrote: »

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

This is a wise precaution from what you say. If you are not sure which union, have a look on the TUC website they can help you identify the unions that operate in your industry.

One word of caution, its no use waiting until something happens to join (any more than trying to insure your house while its burning down!) Most unions will only represent members who join before a problem arises, so do not leave it too long.

While your firm may not recognise a trade union, a union can still give you advice, represent you in any formal disciplinary situations and at employment tribunals.

cheghead

I can definitely say from experience you can join a Union if you wish. Best £12/month I ever paid and would have got nowhere except probably the boot without them.

Your employer sounds like mine were, another bunch of.....! :mad: