Employer Focused Trade Union Advice

We advise on both voluntary and statutory routes to union recognition and on strategic derecognition. We give you clear guidance on the pros and cons of each approach and guidance on the next formal steps. That includes handling requests under the Trade Union and Labour Relations (Consolidation) Act 1992, preparing bargaining unit proposals, navigating Central Arbitration Committee tests (admissibility, bargaining unit appropriateness, and majority support), and managing ballots. For derecognition, we assess the legal thresholds, evidence of support, and the best timing and communications plan. We draft all correspondence, design engagement strategies, and, if needed, represent you before the Central Arbitration Committee.

From pay and grading to changes in terms, we structure bargaining plans, prepare mandate limits, and run the negotiations. We draft or refresh collective agreements (scope, bargaining machinery, dispute resolution, and confidentiality) and ensure alignment with the Employment Rights Act 1996 and Trade Union and Labour Relations (Consolidation) Act 1992. We also train negotiation teams, script meetings, and manage stakeholder messaging so your business lands sustainable outcomes without drift or deadlock.

When proposing 20 or more redundancies or substantial changes, employers must collectively consult. We design compliant processes under the Trade Union and Labour Relations (Consolidation) Act 1992, including election or engagement of representatives, provision of the required written information, and consultation timelines. We create consultation packs, scripts, training / statement of expectations for representatives and managers, Q&As / FAQs, help identify suitable alternatives to dismissal, and mitigate protective award risk. Where change is urgent, we balance legal requirements with operational need and help evidence “special circumstances” where relevant.

We help you set clear, workable arrangements for union officials and health and safety reps, covering paid time off, training, access to facilities and data, and site rules. We put in place policies that respect statutory rights while preventing disruption, ensuring consistency across sites and contractors. We also advise on managing conduct issues involving union officials, handling detriment or dismissal risk, and keeping good records to evidence fairness. We provide clear and concise documentation for use by employers to manage requests on set forms and to establish governance and control over requests for time off. 

Industrial action is fast-moving. We assess lawfulness (ballot and notice requirements), develop contingency plans, and advise on pay deductions, picketing rules, agency worker considerations, and communications with staff, customers and media. Where necessary, we move quickly on injunctions and related court applications. We also help you de-escalate from back-channel discussions to improved offers and revised timetables that bring people back to work while protecting your core operations. 

We represent employers in Central Arbitration Committee proceedings, including recognition/derecognition applications, disclosure disputes and bargaining scope issues. We prepare evidence, witness statements and position papers, handle procedural deadlines, and advocacy. Our team knows how the Central Arbitration Committee assesses bargaining units, majority support and “interests of effective management”, helping you present the strongest case. 

We deliver practical training for executives, HR and line managers. Modules include: legal basics (Trade Union and Labour Relations (Consolidation) Act 1992, ballots, industrial action), recognition and consultation do’s and don’ts, negotiation skills, drafting collective agreements, and managing difficult meetings. Our most popular course “Working with Trade Unions” assists managers of all levels of responsibility to understand the rules and take appropriate action. Sessions are scenario-based with real world situations and ready-to-use checklists, so managers leave confident and prepared.

Transfers often bring complex union dynamics. We advise on information and consultation duties under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), including engaging existing reps or arranging new elections, preparing measures letters, and aligning collective agreements post-transfer. We also handle “dynamic vs static” clause risks, harmonisation strategies, and disclosure and timing challenges across multi-site or multi-union environments.

Union considerations can impact deal value and timelines. We support on due diligence (collective agreements, ongoing disputes, pay drift, facilities commitments), warranties and indemnities, and change programmes pre- and post-completion. We map stakeholder risk, plan announcements, and coordinate engagement with unions to keep the transaction moving while protecting industrial relations and brand reputation.

We guide employers on the rights of members and officials, avoiding detriment or dismissal related to union activities, and responding to grievances and tribunal claims. We also advise on historic and alleged blacklisting, interim relief, audits of recruitment practices, data retention and subject access requests, and drafting remedial policies. Where litigation arises, we defend claims robustly and protect our client’s interests.