overview

An employer may choose to deal with, or 'recognise', a union on a number of different levels. It may decide, for example, to recognise the union as the appropriate representative for its employees in disciplinary and grievance hearings - although workers have the legal right to be accompanied by the union official of their choice, regardless of whether that union is the one their employer recognises (the right to be accompanied ). Alternatively, or in addition, the employer may recognise the union as a channel through which it can disseminate information to, or consult with, the workforce. Some companies recognise unions for the purposes of collective bargaining, and negotiate with them on terms and conditions of employment or other issues of relevance to the workforce.

This section opens with a discussion of some of the considerations that employers will need to bear in mind when deciding whether to recognise a union (recognition considerations). In some circumstances, an employer may be compelled to recognise a union for bargaining purposes. Where a union has sufficient support amongst the workforce, it can use a legal procedure to secure recognition. That procedure is outlined in this section (statutory procedure for recognition).

If a company recognises a union, it is advisable for the employer and the union to reach a formal recognition agreement that sets out the way in which the relationship will work and the issues that will be covered. This section gives some suggestions on what such an agreement might include (recognition agreements).

When negotiations are concluded between an employer and a union they may result in a formal collective agreement. Collective agreements are not, as a rule, legally binding on the employer and the union that make them. They can, however, create legal rights for the employees they cover, if they are incorporated into individual employees' contracts of employment. This section explains how incorporation works (incorporation ).

A trade union recognised for collective bargaining purposes has certain rights. This section outlines one of them, namely the right to receive information for the purposes of bargaining with the employer (right to bargaining information). The other rights are described elsewhere in the Guide:

• the right to information on the employer's occupational pension scheme (providing information );
• the right to appoint safety representatives (safety representatives and committees );
• the right to be informed and consulted in the event of large-scale redundancies (collective consultation) or a business transfer (informing and consulting); and
• union officials' and members' right to time off for union duties and activities (time off for union duties ), (time off for union activities )