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Legal Eagle

Using the law

Q: Union useage in workplace disputes

Is it always a good idea to use my union in the event of a workplace dispute?

A: Yes, in most cases, as a first port of call. After all, that is what unions are for, ie to represent the interests of their members in relation to employment affairs. Your union should tell you quickly what it can and cannot do for you in your particular situation. Some unions have a legal officer on their staff and offer a free legal advice service to their members. Some offer more support than others, and some will have arrangements with firms of solicitors who may be prepared to represent you if your case meets certain criteria. In other situations the union may, if necessary, be able to recommend you to a lawyer specialising in employment disputes.

Quite apart from the availability of legal advice through your union, the other principal advantage of seeking its assistance is the pressure the union might be able to put on your employer to resolve the dispute in a manner acceptable to you. Much depends on the nature of the dispute. There are some disputes which are so commonplace or are of such a personal nature that unions are reluctant to become too involved. Unions may possibly be prepared to support claims for unfair or wrongful dismissal but tend to be more focused on collective issues and on developing areas of the law, such as discrimination, working-time regulations and matters of health and safety.

If your dispute is with another employee, possibly concerning alleged harassment or sexual or racial discrimination, it is still up to your employer to sort it out, failing which you can contact the Commission for Racial Equality or Equal Opportunities Commission, as the case may be. Even in such cases, however, a telephone call to your union can do no harm and might just help you to clarify your options.

Bear in mind that the advice you receive will only be as good as the adviser who gives it. You therefore need to be satisfied that, wherever you go for advice, whether it be to a union official or union legal officer or a lawyer of your own, you get advice from someone who knows what he is talking about. The law is so complex and voluminous that we live in an age of increasing specialisation and you may be wasting your time by going to, for example, a property or telecommunications lawyer for advice on an employment dispute, although there are still a few generalists left in the profession.

Another instance where it might not be a good idea to seek assistance from your union is where your problem has originated in consequence of your having acted in defiance of your union's advice or recommendations or agreed protocols. In those circumstances you can hardly expect much sympathy from the union. Similarly, if the dispute is with the union itself.

Because of changes in the law, unions are now seeking greater recognition rights in the workplace. Therefore, even if your dispute is with an employer who is not tied to union labour, is not a member of an employers' organisation which has a collective bargaining agreement with your union, and does not have formal relations with your union, the union may still be prepared to become involved as a means of obtaining recognition rights. With the new Employment Relations Act coming into force, unions are likely to be playing an even greater role in the workplace than before, and will have the legal right to accompany their workers to disciplinary and grievance hearings. Accordingly, your union is becoming an increasingly important part of your working life.

Much of what I have said above is just plain common sense, and indeed it is a common sense approach which I would recommend you to adopt in such cases, depending on the nature of the dispute, who is involved in it and how easily, if at all, it is likely to be resolved.

First published February 2000