If there is union involvement in any of your workplaces, there are legal consequences that affect your dealings with individual union members and officials and with the unions themselves as organisations.

The Meaning of Certification and Recognition: Most union rights apply only to recognised, independent trade unions. A union will be certified as independent if it is not employer-linked. It is considered to be recognised by the employer if there is a recognition agreement between union and employer for collective bargaining purposes.

Statutory Recognition: Workers are entitled to have a trade union recognised where a ballot shows that a majority of the workers voting support recognition.

There is a statutory procedure for union recognition (and deregonition) applicable to companies with more than 20 workers. Compulsory recognition of unions is limited to negotiations relating to pay (not including pensions), hours of work and holiday.

Immunity: In broad terms, trade unions, whether or not they are recognised, are immune from being sued for industrial action for: conduct which might otherwise be a tort. However, the industrial action must be for a legitimate reason; in contemplation or furtherance of a trade dispute; supported by a majority voting in favour of the action in a ballot in which at least 50% of those entitled to vote did so; and taken while that ballot is still effective (12 months beginning with the date of the ballot, for ballots opened on or after 18 February 2026).

Consultation Rights: In addition, such recognised, independent unions may be entitled to consultation in relation to redundancies and transfers of undertakings. Employers are now required to inform and consult unions recognised under the the statutory procedure on their training policies and plans.

Other Union Rights: Such unions also have the right: to hold a secret ballot at the employer's premises; to appoint employee safety representatives; and to be provided with financial and trading information about the employer's business for collective bargaining purposes.

Individual Members' Rights: Many of the rights granted to individuals (except in the case of a transfer of undertaking or redundancies) are also limited to members of recognised independent trade unions.