Trade Unions

Employment Relations (Jersey) Law 2007

Unions and Staff Associations

The Employment Relations (Jersey) Law 2007 defines and regulates Trade Unions. Three Codes of Practice underpin the law.  

Trade Unions seeking recognition in Jersey must register with the Tribunal Service - registration with the TUC does not afford protection under Jersey legislation.

Reference to the UK is made in the Trade Unions FAQs, on occasions, simply to explain how various issues are dealt with elsewhere or to provide examples of good practice.

What does trade union recognition mean?

A trade union is 'recognised' by an employer when it negotiates agreements with employers on pay and other terms and conditions of employment on behalf of a group of employees, defined as the 'bargaining unit'. This process is known as 'collective bargaining' and is usually embodied in a recognition agreement.

A trade union may seek recognition in an organisation by voluntary or statutory means.

What is a trade union?

An organisation of employees created to protect and advance the interests of its members by negotiating agreements with employers on pay and conditions of work. Unions may also provide legal advice, financial assistance, sickness benefits and education facilities.

The Employment Relations (Jersey) Law 2007  provides for the legal status of unions in Jersey. Details are set out in the relevant Code of Practice.

How does a 'non union' company differ from a company which recognises trade unions?

There is of course, no such thing as a typical 'union' or 'non union' company. However, employers who do not recognise trade unions will usually:

  • deal directly with employees who have problems. So employees who have grievances will raise them directly with the managers concerned
  • determine increases in pay or other terms and conditions of employment for a group of employees without negotiating with a trade union representative,
  • set up an employee or works council to inform and consult with employees. Such a body will not normally negotiate terms and conditions of employment or be 'independent' of the employer.

Employers who recognise trade unions:

  • will negotiate with representatives of a trade union who act on behalf of their members to get improvements on pay and other terms and conditions of employment. This process is known as 'collective bargaining'
  • will give representatives of the trade union paid time off to carry out their union duties
  • may sign up to 'partnership' agreements which encourage a co-operative approach to employment relations. For example, a partnership agreement may involve assurances of job security in exchange for flexible working practices. In others it may set out new systems for consultation and representation and a joint commitment to a co-operative approach.
What is an independent trade union?

A trade union that is not under the domination or control of an employer and is independent from the employer financially.

Union Recogniton and Balloting
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