Whilst we have a number of union members amongst our employees, we do not have any formal agreement with the Trade Union. I have now received a request for recognition from the Union and would like to know how to respond to this?


Patricia Rooney of Tughans writes:


The course of action available to you depends on the nature of the relationship between the organisation and the Union and whether you wish to engage with the Union or instead engage with staff directly to further employee relations. In deciding which option to pursue, you should also be aware of the time limit for reply set out in the Employment Relations (Northern Ireland) Order 1999, as amended. (The Order)

If the Company wishes to avoid or limit direct interaction with the Union and prefers engagement with the staff, the Company could encourage/establish a Staff/Employee Council or Forum. This would enable the Company to have regular meetings/exchange of information with the Council/Forum on various matters. The meetings could cover all issues within the workplace including not only pay, holidays, hours etc. but also reorganisation, future plans and strategy and introduction of business.

I would suggest that if the Company wishes seriously to engage with employees directly, it will be necessary to ensure regular meetings, documentation of those meetings, action plans which are regularly monitored, reviewed and implemented in order to effect meaningful consultation and engagement with the employees.

If, however, the organisation wishes to pursue its relationship directly with the Union, you could enter into an informal negotiating arrangement with them. Whilst under statutory processes a collective arrangement covers only negotiation about pay, hours and holiday, a voluntary arrangement could cover any other matter which is to be the subject of consultation with the Union.

Any such arrangement ought to be encompassed in writing with the matters and the processes clearly defined. The actual negotiating arrangements, duration of the agreement itself and provision for its termination should be included.

On the other hand, if the Company does not wish to enter into any form of informal discussion either with the employees directly, or with the Union, you should be aware that the Union may apply to the Industrial Court for statutory recognition - subject to certain requirements as to number of staff, Union members etc. This is a statutory process governed by the provisions of the Order which enables the Industrial Court to grant statutory recognition to a Trade Union.

One of the first stages of the application is for the parties to identify the appropriate bargaining unit i.e. those employees who could be governed by any collective bargaining arrangements with the Union. In the absence of any agreement between the parties, the Industrial Court can identify the bargaining unit as the process unfolds and order a ballot if necessary.

In the event that the Union’s application for recognition is accepted by the Industrial Court, in the absence of agreement between the parties, the Industrial Court can impose a collective bargaining arrangement, taking into account the statutory provisions.

This method imposed by the Industrial Court will have effect on the Company and the Union as a legally enforceable contract made between the Union and the Company, in the absence of alternative agreement. It will however cover only the issues of pay, hours and holiday.

It is a matter for the Company to assess how, if at all, they wish to engage directly with the Union. Conscious of the possibility of an application to the Industrial Court for statutory recognition, the Company should carefully consider any advantages of a voluntary arrangement with the Union, or direct engagement with staff, and good employee relations as a result, rather than the imposition of a collective bargaining agreement by the Industrial Court.