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School won't deal with unions

Discussion in 'Independent' started by fartyowls, Sep 6, 2020.

  1. fartyowls

    fartyowls New commenter

    What can be done if an independent school refuses to acknowledge a union? Or in other words do not do collective agreements in the workplace.
     
  2. diddydave

    diddydave Lead commenter

    A union is the collective. Your collective is the workforce at your school, to get recognition your union needs to have a mandate to take action and the power to agree Terms and Conditions for all the members. If you don't have a group in your school that can do that then no external union can add any more weight to those negotiations.
     
    Rott Weiler likes this.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    There is a statutory procedure by which an employer can be required to recognise a union as a collective bargaining unit. NEU explanation:

    https://neu.org.uk/advice/trade-union-recognition-independent-sector

    As @diddydave says, this needs the collective will of the staff to make it happen. If the staff generally aren't that bothered/can't be a.rsed to spend time and effort securing recognition it won't happen. No-one is going to come in from outside and do it for them.

    Lots of online law sites give further information (usually focussed on how employers can resist a recognition request). This one for example, plenty more if you search.

    https://bpe.co.uk/discover-bpe/why-...can-i-refuse-trade-unions-access-to-my-staff/

    Bear in mind that an employee has the statutory right to be represented by a Union officer in a formal disciplinary hearing irrespective of whether the employer recognises the union for collective bargaining. The employer cannot legally refuse representation by a Union officer [Employment Relations Act 1999 s10]
     
  4. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Depends how much of a fight the members and the rep want.
    And how much support they have from their district.

    They aren't obliged to have a recognition agreement in place.
     

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