The Right to Freedom of Association in the Workplace

Croner covers freedom of association, guaranteed by Article 11 of the ECHR and UK laws such as the Trade Union and Labour Relations (Consolidation) Act 1992, which allow workers to join trade unions and assemble. Recognising unions helps businesses improve trust, communication, conflict resolution, morale, retention, and productivity. Historical examples like that of The Ford Motor Company show worker rights increasing success. Employers should support unions, prevent discrimination, and use clear policies for collective bargaining to avoid conflicts.

Freedom of association and assembly is vital to the existence of a democratic society and is a fundamental human right. It brings people together to discuss ideas, issues, and possible solutions.  

But did you know that, just as freedom of association impacts society, it also impacts business?

Here's how:

Businesses that perceive freedom of association as a ‘workers against employers’ situation miss an opportunity to improve labour relations.

In a highly competitive economy, it can seem that worker and business interests are often in opposition. Nevertheless, employers should aim to cultivate happy workforces which instils worker motivation and loyalty. These are essential to long-term business growth.

Let’s discuss the right to freedom of assembly and association and what it means for your business.

Call a Croner HR expert today for advice on how to avoid and mitigate workplace conflict on 01455 858 132.

• Freedom of association and employment law
• How business supported civil freedoms in recent history
• Why is freedom of association important?
• What do businesses like yours have to gain from promoting dialogue with trade unions?
• How to recognise freedom of association in employment?
• Get expert advice with Croner

What guarantees freedom of association and assembly in the United Kingdom?

People’s basic right to associate with one another permeates all aspects of human life. For example, having a social life, or successfully starting a business both rely on it.

Guaranteed by Article 11 of ECHR, freedom of association protects people’s right to associate with others. This refers to the freedom to join groups and discuss matters of mutual importance.

Also known as ‘freedom of assembly and association’, freedom of association protects political parties, trade unions, and non-profit organisations too.

A note on working with trade unions

As per UK-specific laws, trade unions are entitled to gain recognition from employers to represent their workers on matters relating to the conditions of employment.

However, businesses can derecognise unions. In the case where a company does not acknowledge a trade union, workers can still obtain advice from the organisation. However, in this case, a union will not be able to represent them directly.

For more information on the importance of co-operation between employers and trade unions, read about collective bargaining.

Whilst the ECHR does protect the right to trade union membership and activity, in an employment setting, freedom of association protection is provided, in the most part, by the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA) and the Employment Rights Act 1996, to a lesser extent.

Broadly speaking, both Acts protect certain conditions that allow worker representatives, union members, and workers to:

• Promote and protect the interests of union members.
• Engage in collective bargaining.
• Protest and lobby for causes.

Freedom of association and employment law

There is not a freedom of association act as such. Instead, the two main pieces of UK law we mentioned above protect freedom of association in an employment setting. They are:

• Trade Union and Labour Relations (Consolidation) Act 1992.
• Employment Rights Act 1996.

Political parties and trade unions tend to be the best-known freedom of association examples. Voluntary organisations, such as non-profit organisation, and lobby groups also fall under the protection of the same laws.

Let’s briefly discuss at both below.

How does TULCRA protect freedom of association?

Whilst the ECHR guarantees the rights of workers, and of all people, to freedom of association, the Trade Union and Labour Relations (Consolidation) Act 1992, protects certain conditions relating to trade union association in the workplace.

Under the Act, parts 146, 152, and 137, for example, provide protections for workers who engage in freedom of association in relation to trade union activities:

• (146) Workers may not suffer ‘detriment on grounds related to union membership or activities’.
• (152) Employers may not engage in ‘dismissal of employee on grounds related to union membership or activities’.
• (137) Employers may not engage in ‘refusal of employment on grounds related to union membership’.

Other practical conditions that TULCRA protect are the ability to freely join or not join a trade union, the right to be accompanied by a trade union representative at a disciplinary or grievance hearing, collective bargaining processes where a trade union is recognised by an employer, and protection from victimisation due to trade union affiliations.

How does the Employment Rights Act 1996 protect freedom of association?

The most notable example of how the Employment Rights Act protects freedom of association in the context of worker representation and trade union membership can be found in chapter eight, section 103.

As per the act, workers are protected against unfair dismissal if they represent a trade union, participate in a worker election that will decide representative status or have simply taken part in one.

As an employer, it is essential to know and understand worker entitlements and your duties as a business when it comes to industrial action. As employment law experts, Croner can support your organisation in officiating trade union collaboration policies, standards, and procedures to the letter of the law.

Call 0808 501 6651 for immediate assistance.

How business supported civil freedoms in recent history

The best way to learn about how protecting workers’ rights drives business forward is to look at recent history.

Civil freedoms have evolved hand in hand with the progress of technology and the resulting industrial development. We can find notable examples from periods of industrial boom to illustrate how it happened. 

In the UK, Manders Brothers made history in the 1920’s and 1930’s. They started a Works Council, a contributory pensions scheme, and a sickness benefit scheme to support their workers. The company also introduced the 40 hours working week in their factories, which marked a first in the UK.

Also, in the 1920’s, Ford Motor Company became one of the first companies in America to adopt the five-day, 40-hour week. This followed Henry Ford having more than doubled workers’ wages in 1914.

Looking at how highly successful businesses improved the lives of their workers can teach us valuable lessons today. It also highlights that trade unions and businesses can work towards common goals.

Why is freedom of association important?

With new working models and technologies challenging the contemporary workplace, companies and employees need to pull together to succeed. As we have seen above, economic interests and civil freedoms can and should go hand in hand.

In the interests of national security

Other than the economic and labour relations benefits that come with properly observing freedom of association, it is also in the interest of national security or the public good.

This is because even subtly vilifying or censoring the right to association and assembly in a labour relations context, can result in antagonisms that lead to:

• Protest and civil unrest.
• Mass walkouts.
• Resignations.
• Worker strikes.
• Resignations.

Moreover, widespread social media use means civil strife can quickly spread, precipitating viral unrest in related industries and/or groups.

There have been cases where the armed forces have been called in to quell civil disruption that escalated because of a labour related issue such as suppression of freedom of association.

One of the best UK examples of this were the Tonypandy Riots in 1910, which involved the deployment of the British Army. During this prolonged period of unrest among miners for better wages and conditions, confrontations with police led to the military's intervention to restore order.

Whilst this has not occurred in recent UK history, several serious protests have occurred across Europe that have been precipitated by improperly managed labour-business negotiations.

What do businesses like yours have to gain from promoting dialogue with trade unions?

Firstly, you will smoothen the process of managing employee negotiations. Designated workers’ representatives will bridge between your workforce and you, and they negotiate collectively. This will save you time as compared to negotiating with each worker individually.

Secondly, working with trade unions will enhance trust and promote dialogue. It shows that you understand how to balance business growth and employee wellbeing.

 Through building trust and enhancing working relations, companies benefit long term from:

• Effective communication that goes both ways – underlining both economic interest and workers’ rights.
• Shorter, more efficient conflict resolution.
• Increased staff retention.
• Increased morale and staff motivation.
• Decreased absenteeism.
• Increased productivity.

How to recognise freedom of association in employment?

As we have already discussed, recognising trade unions and their representatives can benefit the workplace. Whether this applies to your business or not, as an employer you can take steps forward towards giving your employees a voice in the workplace.

Consider the following aspects to avoid unnecessary work conflict that could result in tribunal claims:

• Recognise the right of employees to associate and join a trade union.
• Enable representatives to run union related activities in a way that doesn’t interfere with their day-to-day work duties.
• Introduce policies to prevent freedom of association discrimination.
• Create a culture of openness where management and employees can share concerns and find solutions together.

Implementing a freedom of association and collective agreements (also known as collective bargaining) policy will address the above points. As with all workplace aspects, regulating how you will negotiate with trade unions marks a key step forward in resolving any collective requests and difficulties.

Different companies use such policies under different names, such as Unilever’s Human Rights Policy Statement.

Get expert advice with Croner

Some employers tend to disregard the need to recognise trade unions and freedom of association. This happens when contracts and policies do not address them.

Don’t set your company up for lengthy employment related conflict and potential tribunal claims.

We will help you put together the terms, conditions, and policies your business needs to regulate collective bargaining and trade union activities. This will benefit both you and your employees, building trust and open communication.

Call a Croner HR expert and get free, same-day advice on 01455 858 132.