Trade Unions Handbook

Trade Unions
Practice area: Employment law
ISBN: 9780414030244
Published by IDS, April 2013

Available formats
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The IDS Employment Law Trade Unions Handbook provides a clear and comprehensive account of the law governing the relationship between both trade unions and their members and trade unions and employers.

  • Explains the law governing the relationship between trade unions and their members and trade unions and employers
  • Covers the key developments in this area including the introduction of a number of new rights
  • Provides an in-depth analysis of the complex statutory recognition procedures
  • Sets out the new rules outlawing the practice of ‘blacklisting’ trade union members and activists.

Trade unions

• Legal definition
• Legal status
• Trade union property
• Listing
• Independence
• Administration
• Trade union mergers
• Breakaway unions and dissolution

Political funds

• Political objects
• The political fund
• Review ballot
• Ending of fund

Trade unions and their members

• Union rule book
• Use of union funds
• Right to union membership
• Discipline and expulsion
• Unjustifi able discipline
• Discrimination

Trade union elections

• Elective positions
• Candidates
• Running an election (or ballot)
• Remedies for union members
• Voting systems

Trade union recognition

• Statutory recognition
• Voluntary recognition
• Transfers of undertakings
• Withdrawal of recognition

Statutory recognition

• Overview
• Requests for statutory recognition
• Agreements for voluntary recognition
• Method of collective bargaining
• Changes affecting the bargaining unit
• Derecognition
• Ballots on recognition and derecognition
• Detriment and dismissal

Time off rights

• General conditions of eligibility
• Union duties and training
• Union activities
• Union learning representatives
• Safety representatives
• Reasonable time off
• The right to be paid
• Complaining to a tribunal


Information and consultation rights

• Collective bargaining
• Collective redundancies
• Transfers of undertakings
• Health and safety
• Training
• Pensions

Collective agreements

• What is a collective agreement?
• Legal enforceability
• Incorporation
• Discriminatory terms
• Transfers of undertakings

Refusal of employment on union groups

• Unfair recruitment
• Employment agencies
• Exclusions and exceptions
• Tribunal proceedings and remedies
• Trade union blacklists

Detriment and unlawful inducements

• Detriment on trade union grounds
• Unlawful inducements
• Right to claim
• Employer’s purpose
• Trade union activities or services at ‘an appropriate time’
• Tribunal proceedings and remedies
• Trade union blacklists

Unfair dismissal

• Trade union membership
• Trade union activities and services
• Failure to accept unlawful inducements
• Non-membership of a union
• Redundancy selection
• Burden of proof
• Tribunal proceedings and remedies
• Joinder of third parties
• Trade union blacklists

CAC and certification officer

• Central Arbitration Committee
• Certifi cation Offi cer
• Proposal for merger