TRADE UNION NEGLIGENCE

Trade Unions owe a duty of care to their members. They are required to exercise reasonable care and skill when providing a service to its member on employment related matters. Working in industrial relations there needs to be considerable degree of knowledge and training to give basic employment law advice and appropriately negotiate on members behalf. This is relevant both for individual and collective negotiations that may take place for its members. 

During the equal pay negotiations within local Council authorities some of the trade unions FAILED in that duty. Unison, GMB and Unite being the worst offenders.

Recent cases helps provide clarity on the role of a Trade Union representative in that they are NOT to take on the role of a lawyer but advise the employee and negotiate on their behalf. It does however show the level of care and skill required when undertaking this role and this will be implied further going forward. This may mean further trainings may be put in place for some Trade Union Representatives, to which employers may need to allow the representatives to attend in work time.  

If you want more information on the trade union neglignce case email office@dmlegalclaims.com