Employee activism and trade union relationships
Strands of employee activism
Activism about external issues
• e.g. expressing a position on climate emergency or transgender issues or ethical investment
Activism about your employer
• e.g. expressing a view on your employer’s position on environmental pollution or diversity
Activism about personal rights
• e.g. campaigning for improved pay and conditions
Activism
Rules and standards
Freedom
Context is everything
Why
Statement
What Where To whom
Legal issues
Breach of rule or policy Misconduct
and confidence Discrimination and protected beliefs Reputational damage
Trust
Whistleblowing
beliefs – examples • Expressing “gender-critical” beliefs on Twitter • Expressing personal views on gay marriage on Facebook • Twitter posts and media interview criticising sexual harassment
about external issues
Protected
Activism
Not protected – examples • Support for breaking the law (ethical vegan supported ALF burglaries) • Views incompatible with the aims of the employer (Anti-monarchy posts by British Council employee) • Offending the protected rights of others (homophobic posts not justified by Christian belief) • Disobeying a reasonable and lawful instruction (not to initiate discussions about sensitive issues) Activism about external issues
Activism about your employer • Amazon shareholders’ resolution – climate change • Google self-organised strike – sexual harassment • Disney employee car rally protest – Covid safety • Facebook virtual walk out – hate speech • BrewDog open letter – company culture • Ted Baker online campaign – sexual harassment • Collective grievance? • Social media campaign?
the company • Understanding changing workforce expectations • Awareness of the company’s position on societal challenges • Providing a forum for listening • Demonstrating action
Responding to activism about
Channels of activism
Trade union organised • typically strikes or ASOS (action short of a strike) • open and subject to scrutiny • heavily regulated • operates in a rigid legal structure • socially/politically stereotyped? Non-union organised • novel forms • online? • covert? • difficult to control • legal issues secondary • free of “baggage”
Trade union membership • Lowest membership rate on record in 2021 (23.1% of workforce, 6.44 million individual members across 126 unions) • Proportionately higher among: • over-35s • higher educated workers • permanent/full-time workers • professionals • Upturn in 2022?
Working days lost to strikes per year (millions) (Source: ONS) 1926 162.2 General Strike 1979 29.5 “Winter of Discontent” 1984 27.1 Miners’ strike 2011 1.4 2012 0.2 2013 0.4 2014 0.8 2015 0.2 2016 0.3 2017 0.3 2018 0.3 2019 0.3 2020 ? Government data collection stopped 2021 ? No data 2022 4.0-7.0? Best guess Historical strike action
Working days lost per year (millions) (Source: ONS) Year Strike Sickness 2011 1.4 132.4 2012 0.2 134.8 2013 0.4 131.8 2014 0.8 134.0 2015 0.2 139.1 2016 0.3 137.3 2017 0.3 131.5 2018 0.3 141.4 2019 0.3 138.2 2020 ? 118.2 2021 ? 149.3 2022 4.0-7.0? ? Strike days vs. sick days
to union recognition Recruit members within employer Represent and advise members Increase activity Recognition
Partnership?
The road
Social
Statutory rights of union members • Time off for union duties and activities • No refusal of employment • No inducements by employer • No detriment or dismissal related to union membership or activities
Changes to trade union law • Abolition of ban on replacing strikers with agency workers – July 2022 • Minimum Service Level – bill in Parliament • Compulsory balloting of pay offers? • Higher strike ballot thresholds?
THANK YOU
AND PARLIAMENTARY AGENTS
Blair Adams Partner badams@wslaw.co.uk 0207 593 5018
SOLICITORS
Minerva House 5 Montague Close, London, SE1 9BB DX 156810 London Bridge 6 020 7593 5000 020 7593 5099 www.wslaw.co.uk