Employers’ groups have hit out at the government’s decisions on new rules covering workplace access to trade unions.
Responding to a consultation as part of the Employment Rights Act, the government said employers with over 21 employees will need to provide workplace access to trade unions as frequently as every week.
Trade unions will also only need to provide a minimum of two working days’ notice to employers before they access the workplace.
The government will however provide more time for employers to respond to a trade union’s request for access and to negotiate the terms of an access agreement.
Despite this, business groups said the changes could prove disruptive to workplaces, particularly smaller companies without a HR department.
Matthew Percival, future of work and skills director at the CBI, said:
“Granting every union a right to access every workplace on a weekly basis risks adding disruption and distracting employers from their core focus of creating jobs and delivering economic growth, with little benefit for workers.
“Bringing employers and unions together to agree how these rules should work is the only way to ensure a constructive and long-lasting outcome. If this were to have happened, businesses may have been willing to accept more targeted access rights, underpinned by clear safeguards to ensure powers were used responsibly.
“This will be especially difficult to understand for businesses whose workforce is already represented by a union, yet would still be required to grant access to other unions.
“It is welcome that the government has acknowledged that businesses need adequate time to consider and respond to access requests. But a truly balanced approach would ensure each party has a requirement to act reasonably, not place strict expectations on employers while trusting that unions will be reasonable.”
Ben Willmott, head of public policy at the CIPD, said:
“It is encouraging the government has listened and provided more time for employers to respond to a trade union’s request for access and to negotiate the terms of an access agreement.
“However it’s disappointing that the government has decided to push ahead and require that there will be a minimum of just five working days between the agreement of initial access terms and when union access to the workplace takes place for the first time. For an employer not used to working with a trade union, more time will typically be needed to make arrangements to allow access.
“Similarly, it is concerning that the government is proceeding with plans to require employers to provide weekly access to trade unions, and to allow unions to provide a minimum of just two working days’ notice to employers before they access the workplace despite the strong feedback in the consultation against these approaches.
“CIPD members have told us these requirements fail to consider the time and pressure that businesses are facing and will place a disproportionate burden on many employers, particularly SMEs, businesses with limited resources and those facing severe operational demands. The CIPD believes such a ‘one-size fits all’ approach is not appropriate and won’t support the positive employment relations climate the government is seeking to promote.”
Alex Hall-Chen, principal policy advisor for employment at the Institute of Directors, said:
“Of the myriad of employment law reforms coming into effect via the Employment Rights Act, the right of trade unions to access workplaces has consistently been cited by business leaders as one of their biggest concerns.
“The government’s response to the consultation shows little evidence of having taken regard of businesses’ legitimate concerns. In particular, setting the employer size threshold at only 21 employees, enabling weekly access to workplaces, and requiring only two working days’ notice for union visits cumulatively represent an approach which will cost employers dearly in terms of additional bureaucracy and staff time.
“Throughout the passage of the Employment Rights Act, the government pledged to use the consultation process to meaningfully engage with the concerns of employers. Its response to this consultation will not inspire any confidence in the business community that this will in fact be the case.
“At a time when unemployment is rising, job creation is stalling, and business confidence is at record lows, the government must do better in responding to employers’ concerns if it hopes to reverse any of those trends.”
Kate Shoesmith, director of policy at the British Chambers of Commerce, said:
“Smaller firms fear that plans to give trade unions new rights of access to their premises will damage productivity at a time when they are already under significant pressure.
“Good employment relations are created by transparent and direct contact between employers and their teams. Inserting a third party into that equation will be a complicating and unnecessary distraction for many companies.
“The reality of granting trade unions weekly access to businesses with as few as 21 employees, risks disrupting day-to-day operations, with limited value-added for workers.
“Small firms rarely have dedicated HR teams or administrative support staff, so managing the process around access will be enormously burdensome.
“The government has listened to our calls to increase the time limits to respond to access requests and negotiate agreements, but this will not offset the wider issues.
“Employers have repeatedly told us that access rights changes are their number one concern, and the government’s approach will have done nothing to alleviate this.
‘Last year, during negotiations around the unfair dismissal qualifying period, the government committed to further tripartite discussion with business and trade union representatives. This was to ensure that key elements of the Employment Rights Act were introduced in a practical and manageable way.
“But the lack of discussion around this issue, and a shortened timeframe on the consultation for the related code of practice, completely undermine that commitment. This is hugely disappointing.”