Non-trade union member rights and representation

The idea of trade union membership is a bit like Marmite…you either love or hate it and if you have never experienced it, you are likely to have formed a particular opinion based on what you have heard or been told.

If you are not a union member you may well question what work-related rights you actually have, especially if you are being treated unfairly at work and you are faced with the threat of disciplinary action or dismissal.

We will look at that in more detail later, along with the help and support we can provide you with if you are unfortunate enough to find yourself in such a situation.

If you have been, or you are, a trade union member you should be well aware of the benefits.

Trade unions have a long history of fighting for workers' rights, negotiating better terms and conditions and providing invaluable support in disputes with employers.

Membership is a personal choice, it is not mandatory, and whether or not an employee opts to be a member is purely down to individual circumstances and preferences.

But if you have never signed up to a trade union, you are likely to question if a membership subscription is actually worth it?

At a time when the current cost of living means many employees are under financial pressure, the cost of joining a trade union is likely to require careful consideration. Membership costs can vary.

A quick Google search at the time of writing found membership fees based on earnings ranging from £1 per month to £17.25 per month. Many unions have a standard membership fee not based on earnings.

Trade union membership has dropped since it hit a peak of 13.2 million in 1979  [1] cited 5.12.24

The majority of modern day workers are not a member of a trade union.

Recent figures show that there were 6.4m trade union members. The statistics that are for 2023 show a slight increase in membership from 2022, but the two years represent the lowest two union membership rates on record [2] cited 5.12.24

Protection, support and the benefits of being a trade union member are well publicised.

But with the vast majority of current workers not being in a trade union it is worth exploring what a trade union is and some of the key rights of non-union employees in the workplace.

What is a trade union?

It is an organisation that represents the collective and best interests of employees.

Trade unions operate under the framework of the Trade Union and Labour Relations (Consolidation) Act 1992, which outlines their rights and responsibilities [3] cited 5.12.24

The Trades Union Congress (TUC) describes a union as:  Unions are groups of workers organised together to win a better deal at work. In most workplaces where unions are active, members will get together to talk about what’s going on – and any problems they are having.

The issues most likely to come up are pay, pensions, safety at work, unfair treatment, or simply the way work is organised. The union members elect someone to speak for them, called a rep (or sometimes a shop steward). They are usually a volunteer. The rep takes their concerns with management, and helps individuals too.

In many workplaces, the union is legally recognised by the employer. In these workplaces, the union reps have the right to formally negotiate with managers about pay and other terms and conditions [4] cited 5.12.24

What are my rights if I am not in a trade union?

If you are not a member you still have many important rights and protection. Here are six examples:

• If you are legally classed as an employee or a worker and started work after 6 April 2020, you have the right to a 'written statement of employment particulars' [5] cited 5.12.24

It will summarise the key terms of your employment e.g. salary and hours of work.

It is important to point out that this is not a contract of employment, which is broader and includes much more information than a written statement.

• The Equality Act 2010 protects you from all forms of discrimination [6]12.24

You are protected against unfair treatment and discrimination that directly relates to race, sex, sexual orientation, religion or belief, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity.

• By law, you have the right to equal pay for any work that you do, regardless of your gender, and if you are an employee, worker, apprentice, self-employed, working full-time or part-time or on a temporary contract.

There are some exceptions when a difference in pay can be justified, for example if they are better qualified, if their skills are crucial to the job and hard to recruit.

There has to be a material reason for the difference in pay because it must not be as a result of your sex.

One notable equal pay case involves Birmingham Council. Thousands of female employees, including cleaners, carers, and teaching assistants, argued that their jobs were of equal value to those of some male colleagues, such as gravediggers and street cleaners. It was reported at the time the Council faced a £760m bill to settle the claims. [7] cited 5.12.24

• Your employer must provide a safe and healthy working environment and take steps to prevent risks to your health and safety. This includes looking at issues such as space, cleanliness, lighting and ventilation and adequate toilet, washing and changing facilities. 

You have rights regarding working hours, including rest breaks and paid annual leave, which is covered by the Working Time Regulations 1998  [8] cited 5.12.24

This includes that you should not be made to work more than 48 hours a week unless you willingly choose to do so, you are entitled to a 20-minute rest break if you work more than six hours a day and have the right to 11 consecutive hours of rest in any 24-hour period.

• You are entitled to at least the National Minimum Wage or National Living Wage, depending on your age.

If you are ill and unable to work, you may be entitled to Statutory Sick Pay.

• Two of the most difficult situations a non-union member employee can find themselves in, are facing disciplinary action and wanting or needing to raise a formal complaint/grievance at work.

If you are invited to a disciplinary hearing or you submit a formal complaint and are invited to a grievance hearing, you have a statutory right to be accompanied at that meeting.

Your companion can be a work colleague or trade union representative whose credentials are confirmed in writing. You can be accompanied by a trade union representative at a formal disciplinary and grievance hearing, even if you are not a member and the union is not recognised by your employer.

So if you find yourself in a position where you are facing disciplinary action at work or need help with a grievance, we can provide you with an experienced and skilled trade union representative to support you with your case.

Our rep will be able to expertly guide you through a process and accompany you at a formal hearing, and importantly they can:

• Present your case, whether that is in response to disciplinary allegations or providing the details to support your grievance.
• They can respond on your behalf to comments or points made at the hearing.
• Take notes of what is discussed at a hearing.
• Speak with you during the hearing.
• Summarise the case at the end of the hearing.

If you are not in a trade union and you need help with a disciplinary or grievance case contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.