HR Expert: Dealing With Employee Unrest
My client’s factory has recently experienced a bit of a boom in their business. As a result, they have taken on new staff members (they now have around 25 employees, almost twice that which they had last year). However, some of the newer employees are very vocal about the pay in the factory, and about the hours that they work.

They have been quite challenging in meetings, and the discontent is starting to spread throughout the workforce. There is even talk of bringing a trade union in to represent them. Could this happen? Surely unions aren’t interested in a small business like my client’s?

Recent research shows a 184% increase in searches for “join union” in the days after the RMT union announced railway workers would be going on strike. Moreover, searches for “how to strike” increased by 135%. Interest in unions, and what they can do for individual workers’ rights, especially in these trying times, is on the increase and it is possible this is something your client will have to deal with.

Trade unions have been a feature of employment law for many years. Due to the imbalance of power between employer and employee, unions were created to address this through employee unity, and are active in many organisations as a means for negotiating various issues. Whilst typically we hear of unions in huge organisations, such as the Post Office, they are not confined to big businesses. In fact, a union can seek to be ‘recognised’ for the purposes of collective bargaining in any business employing 21 or more employees.

When we speak of union recognition, we mean that the union is a recognised negotiating partner with the employer, representing some or all of their employees. This may be entered into voluntarily, allowing the employer more freedom in what will be part of the ‘bargaining agreement’ and the mechanism for agreeing changes.

Alternatively, a union can approach an employer and try to force recognition, via a statutory process involving the Central Arbitration Committee (CAC). In order to do this, there must be the following:

  • at least 21 employees,
  • evidence that at least 10% of the workers in the proposed bargaining unit (i.e. the group of employees the union intends to represent) are union members, and
  • a majority of the bargaining unit would vote in favour of union recognition if asked.

When agreed under the statutory process, the following matters can be included in collective bargaining:

  • Pay
  • Hours
  • holidays

Your clients’ employees appear to feel like they don’t have sufficient ability to raise concerns about workplace policies and practices, which could result in reduced productivity and high turnover rates.

Your client could consider introducing effective channels for employees to make, and employers to address, issues. By creating an environment where staff feel listened to and valued, it is much easier to address complaints without them escalating into further action, and this could head off further talks of unionisation.

 


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