Government proposals in the new Employment Rights Act give “too free a hand to unions”, trade body the UK Warehousing Association (UKWA) has said.
The act became law just before Christmas, and the government is now considering responses to its consultation with industry on the details.
Among them are an increased right of trade unions to access workplaces, which at “the fullest extent”, according to the UKWA, would give employers five days to respond to access requests from potentially multiple unions, and the potential for unions to be given weekly access, with as little as two days’ notice.
The act introduces a new duty on employers to inform workers of their right to join a union – something the association said it did not object to. However, it added it did have concerns employers could be required to remind employees of their right to join a trade union more than once a year.
The proposed new rules stand to “create an unreasonable administrative burden on businesses” and create “more red tape”, according to the UKWA.
“The government must be very careful how it implements new trade union policies, or it will heap yet more pressure on business,” said Clare Bottle, CEO of the UKWA, which has around 1,000 members, representing some 200 million sq ft of warehousing across the UK.
“It’s all about getting the right balance,” she added. “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.”
The UKWA 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.
The storage and transport sector has the highest proportion of unionised workers in the UK after health, education and public administration.
Unions representing workers in the sector welcomed the new act.
Joanne Thomas, chair of TULO, the unions that affiliate to the Labour Party, and general secretary of Usdaw, said the changes in the act “rebalance the world of work, putting power back into the hands of working people, where it belongs”.
“The work is not yet done. We need to make sure these rights are implemented properly,” she added.
The government said more than 15 million people across the UK were expected to benefit from new worker protections. Confirmed new rights for workers include including day one paternity leave and parental leave, statutory sick pay, protections for pregnant workers, increased protection from unfair dismissal, an end to zero-hour contracts, and a right to bereavement leave.
Changes would be introduced gradually over a two-year period, the government said, “giving businesses plenty of time to prepare”.
“This landmark legislation will drag Britain’s outdated employment laws into the 21st century and offer dignity and respect to millions more in the workplace,” said Peter Kyle, business and trade secretary.
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