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Essay / Research Paper Abstract
Law This 6 page paper considers the question of if and when an employer can be forced to recognise a trade union in the UK. The writer includes consideration of the Employment Relations Act 1999 and recent cases. The bibliography cites 5 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEtradun.rtf
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Unformatted sample text from the term paper:
of members and the breaking of the union power in the 1970;s many workplaces are now absent of unions or their members. Unions are not perceive in the same light
as a decade or more ago, however, this still eaves many employers with a single questions; do they have to recognise a trade union, it is something that can be
forced upon them by the law, or can they decide to become or remain un-unionised. The first issue that we need to remember is that when recognition takes place
it does have to be in the form of a written agreement. Recognition of a union in the workplace can be seen as made up form a combination of both
law and fact. There are several aspects that need to be satisfied for a union to be seen as recognised, the first is that there has to be mutuality of
the relationship, secondly there needs to be agreement, either express or implied, . If it is by way of implied rather than express acceptance, this needs to be clearly established
by way of the conduct of the parties, usually this will be required over a period of time. We can also remember that is some cases there can be a
partial recognition, but these are limited. These factors are useful as background knowledge when considering the legal position or recognition. When we consider the role of unions we also
need to remember that their main purpose is that of protection of the union members, as well as promoting their rights. In many places it is the unions that undertake
collective agreements with employers on behalf of the members. Collective bargaining was seen as the favourable method of negotiation by both employees and the government. To be able to undertake
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