Statutory Immunities for Trade Union Members

We often wonder what other privileges the Trade Union Members are likely to have in a case of them being penalised for wrong-doing or failure to follow the basic statutes of their respective company. Statutory immunities is another advantage that members will have because there is protection against legal action only in certain circumstances, although there are a number of strict conditions to be closely followed and satisfied before being considered. However were immunities do not apply an employer can file for an injunction modus operandi is to stop the strike from proceeding.

Therefore if employees strike and an injunction is in place , the union faces heavy fines as well as other implications of being in contempt of court which automatically carries a custodial sentence/a fine. There are separate rules relating to the rights of the trade union members in relation to their union as well as rights and duties of unions themselves. Engaging everyone who is likely to participate in the strike or picketing is an advantage to have an upper hand at coordinating the outcome of a collective objective which is to prevent liability.

Trade Union Immunity depends on the protected torts(wrongful acts) being admitted and the balloting and notice requirements being complied with, so any breach of these conditions will again render the union liable for any tortuous doing. Ballots should in all circumstances respect  any action endorsed by the union's entitlement to a vote. The facts surrounding this particular subject are basically legislation driven, therefore the guidelines are more on the definitive than any research could offer or rather speculate; http://www.bis.gov.uk/assets/biscore/employment-matters/docs/10-923-industrial-action-employer-guidance this link is a good example of what is required however the example given is only mandated in the United Kingdom and differ from country to country/continent to continent.

In conclusion, there are many twist and turns as how justice can prevail in different situations. The best way to deal with any given situation is to stick to the guidelines giving room to previous cases which were similar or closely related, while basing the facts on your particular one. Being in contempt is not worth taking therefore for updated amendments continually refer to the Employment Act. To be safe the 2002 Employment Act-Union Learning representatives, S.43 provides for the time off for Union Learning  representatives. These provisions for time off are similar to time off rights given to the health and safety representatives. Allowing time off for Union appointees, working in the interests of members of trade unions to :

• Analyse learning or training needs
• Provide information about or promote learning, training and development
• Facilitate and arrange learning and training
• Assist with consultation with employees about any of the above.

Rights of Trade Union Members

While we acknowledge the importance of a trade union and the duties they perform, to a certain extend they are regulated and rules that guide their day-to-day services through enforcements of a rule book. An irregularities of any kind will be delt with the statutory measures which are already in place. Therefore members in relation to the rules relating to discipline and execution and expulsions all members must rely on the common law to enforce any other rule in the rulebook.

Understanding the whole rule book concept might be a stretch, however the rule book forms the contract between the individual member and union, which will not always provide a solution. Rather, the trade union member is treated in a similar way to a shareholder in a company and as such these solutions against the union are similar to those imposed against incorporated associations.

Unions, therefore however summing-up the whole proposition as an entity only exists on the basis of the initial statutes, its legal capacity to act comes from its rules comprehensively. Optimism discussed further exemplifies the statutes lay down when a union cab act then should the union act without fulfilling the requirements it has the capacity to do so and as such its actions are ultra vires(beyond the powers).

In cases where union members fail to adhere to these rules and regulations there will be consequences and repercussions mainly in the form of a disciplinary sanction. Legislation however encourages unions must comply with the natural rules of justice when exercising these sanctions against any member;

• Notice - adequate time frames as and when they are supposed to appear for their hearing.
• Opportunity to pt up case - to enable appropriate representations and not to answer under duress(as a matter of speech).
• Unbiased hearing - hearing should not be one sided and fair to say the least.
• Representation - the current rules do no specifically state that a member is allowed legal representation but you can always ask as cases differ from company-to-company.

Dismissals differ from situation to situation as we can clearly see below-;

• Action Short of Dismissal
• Industrial Action
• Industrial Action and the Contract of Employment
• Go slow
• Work to rule
• Overtime Ban
• Strike without notice
• Strike with notice
• Trade dispute

Extensive research and schools of thought have presented some very interesting study topics that explains the complexities of different kinds of dismissals with interesting perspectives psychologically. http://www.adviceguide.org.uk/scotland/work_s/work_work_comes_to_an_end_s/dismissal.htm

Trade Union activities and training

Officials of independent are entitled to time off with pay to perform duties concerned with the industrial relations in the company and undergo training. There is also a right to time off to accompany another  worker at disciplinary and grievance hearings. Union members are entitled to time off without pay in order to take part in trade union activities. (In the United Kingdom, by section 152 of the 1992 Act - a member of an independent recognised trade union is entitled to reasonable time off without pay but during working hours to take part in trade union activities.)

The training is a a requirement for all trade unions because of regulation recognition. Recognised Trade Unions are entitled to information for collective bargaining purposes. There were no formal ways for a union to demand recognition from an employer, recognition procedures having been abolished by the Employment Act 1980, the 1999 Employment Right Act which became effective as of June 2000 introduced a new right where, staff are in favour of joining a union, then an employer must recognise that union in the workplace. The rights and requirements are differ with each given country, so its a viable option to research what each country's regulations and legislation stipulates.

A Certified Officer in the United Kingdom is required to keep a register of independent trade unions and can issue any union with a certificate of independence. These type of certificates are conclusive evidence that a union is independent.The Trade Union and Labour Relations  (Consolidation Act) 1992 under Section 5 states that an independent union is one which is not under the control of an employer or liable to interference from an employer arising out of financial, material or other support. To further elaborate the act you can research on similar cases in the tribunal listing book for cases shadowing the same interactions. For further information on the activities and training for Trade Unions in the UK you can visit the following website - www.tuc.org.uk

If you need advice on trade union umbrella term the first thing to do is get ahead of the game and take advantage tactics and tips every worker should know through research and fundamental importance of the title.

Trade Union Membership

In the early discussions we focused on the fundamental principles of a Trade Union, however once employees are employed mostly they are reluctant to read their staff book let alone familiarise themselves with the Trade Union until they are in need of their services. In rare cases some even go to the extend of not being part of the Trade Union, instead opting to save the money that the TU gets for services rendered or due to be offered. The current economic recessions have realised a lot of redundancies and once again the much needed support of the trade unions has been called upon.

Trade Union Membership has not always been high especially the past two decades according to the British government - https://www.gov.uk/join-trade-union/trade-union-membership-your-employment-rights .Employees have the right to join a trade union, a s members there are a number of rights to which employees are entitled and close analysis has reflected the following;

• Members should not be denied employment because of their membership
• Dismissal for trade union membership
• Membership activities or on union recognition grounds entitle members to claims of automatic unfair dismissal.
• Conversely employees should not be forced to join trade unions
• Remain or cease to a union member
• Job applicants are also protected against being refused employment or discouraged from applying on the grounds of membership or non- membership of a union
• Breach of the above right gives prospective employees the right to claim for compensation at employment tribunal.

Employee protection extends not only to those dismissed in such circumstances, but those subjected to detriment(unfairness), or selected for redundancy on these grounds. Therefore any breach from the listed rights entitles employees or ex-employees to bring a claim at employment tribunal for compensation.

Therefore I urge all employees or prospective employees to read and understand the role of the trade union, ask questions where they do not seem to understand so that in the event of the unthinkable happening there is an easy way out or assistance is readily available. in most cases there are unfair dismissals but due to lack of knowledge, in most cases employees are coerced to quit because of threatening prolonged court action by big organisations or companies mainly due to costs on their part.

The Role of Trade Unions

After a strenuous process of applying for a job we all anticipate a positive response and once you receive it in your heart of hearts you are proud to read loudly,"I am pleased to offer you a position as...that will accommodate your current physical capabilities."  However that is only just the beginning of another lengthy process which involves contract signing, probation period and induction which involves training for your new role. As part of this process the trade unions are introduced for you are now officially an employee.

Trade Unions' sole principle is to regulate industrial relations between employee and employer, however they are involved in collective bargaining , for example, on wages and hours on behalf of their members. As part of a healthy strategy in the workplace the TU structures these measures;

• Assist  members by advising on rights and even undertaking legal representation and advocacy at employment tribunal.
• Where recognised TU are responsible for collective consultation with employers in the event of large-scale redundancies, or a sale or transfer of the business e.g TUPE( Transfer of Undertaking (Protection of Employment)

In a nutshell Trade Unions are there as the go between employees and their employers, in all kinds of matters that concern their working conditions, contracts, salaries/wages comprehensively through consultations from both parties they can be in a better position to negotiate on a wide range of issues which even include grievances.

Trade Unions

Trade Unions are always in the papers as headlines, work environments, broadcasted in the news on the radio-televised-online but do we really understand the term and it's function. Therefore here is were it all starts, "an organisation (whether temporary or permanent) which consists wholly or mainly of workers of one or more descriptions and whose principle purposes includes the regulations of relations between workers of that description or those descriptions and employers or employees associations."

To define the term in brief, 'it's subsidiary purpose is of regulating relations between workers and employers'. The statutory definition of trade union can be found in s1 (a) of the Trade Union and Labour Relations (Consolidation) Act 1992 that provides that a trade union concentrates widely on whether or not the trade union is active in the work-place or whether the individual is a member of the relevant trade union is another matter.