Government Trade Union Proposals ‘Heap Pressure on Business’

The most unionised part of the private sector has pushed back against new pro-union policies, including a right for representatives to get into workplaces on a weekly basis with as little as two days' notice. Responding to Government consultations that come off the back of the Employment Rights Act, the UK Warehousing Association (UKWA) said that the proposals could create an unreasonable administrative burden on businesses. After health, education and public administration, transportation and storage is the industry with the highest proportion of unionised workers.

The Act, which became law just before Christmas, creates a new right for trade unions to access workplaces, and a new duty on employers to inform workers of their right to join a union. The warehousing sector, which employs around 650,000 people in the UK, is concerned that the current proposals give too free a hand to unions, while creating more red tape for businesses. The UKWA urged the Government to see these new rules in light of a slew of additional costs facing businesses, including higher National Insurance contributions, a business rates 'surcharge' for large properties, and tighter employment regulations in the Employment Rights Act.

Clare Bottle, CEO of the UKWA, said: "The Government must be very careful how it implements new trade union policies, or it will heap yet more pressure on business. "It's all about getting the right balance.

Workers have a right to join a union, and there's no issue in mentioning this when someone starts at a new company. However, employers have to have flexibility in how they issue reminders after that. "Similarly, arranging access for union reps is not a new thing for many companies, but it has to take account of business realities.

In our sector, there's a very intense peak in November and December, so it would be completely excessive to ask for weekly access in that period." Details on the Consultations: Two consultations under the banner of 'Make Work Pay' closed on 18 December.

In the consultation on the right of trade unions to access workplaces, the fullest extent of the Government proposals could see:

• Employers having just 5 days to respond to access requests from potentially multiple unions. For employers with large workforces and many sites this could quickly become very burdensome.
• If an access agreement cannot be negotiated in 20 days, a short time frame, the union would be able to make a referral to the Central Arbitration Committee (CAC).
• It is suggested that a decision on whether an access agreement is granted could be made in some circumstances by a single person panel of the CAC, which could be a trade unionist. This could clearly skew the process towards the union's perspective.
• The consultation suggests unions being given weekly access, with as little as two days' notice.

  This could end up drawing large amount of resource for businesses (meeting space, communications, adhering to safety and health procedures), particularly where employers are dealing with multiple unions (eg. for drivers and warehouse operatives).

The UKWA has called for longer negotiation periods, access frequency to take account of business needs, and for greater balance in responsibilities (for example if unions request access but do not show up). In response to the consultation on the duty to inform workers of their right to join a trade union, the UKWA did not object to providing a statement on the right with a new joiner's employment particulars. However, the trade association said the statement must use factual language, and employers should have to reissue the statement no more frequently than once a year.

The UKWA pointed out that employees have many rights, and the Government does not prescribe how often and in what manner they have to be reminded of them.

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