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Can Unions force you to strike on your probation period?

15 replies

Watsitallabout · 20/08/2020 13:58

Does anyone know if a Union can force you to strike whilst you are still on your probation period?

A friend started a new job around 3 months ago and was encouraged by colleagues to join the Union, which she done around 1 month ago

Now the Union want to strike, so my question is are you exempt from striking whilst your on a probatio period, or even exempt in the first 6 months of joining a union, like they won't help support you in any grievances in the first 6 months of joining (I am not sure if they all stipulate they can't help you if you haven't been a member for 6 months or just certain Unions)

Thanks in advance for any advice :)

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Moondust001 · 20/08/2020 14:14

There is no exemption - because nobody is forced to strike anyway. But there is also law that says you cannot be punished for taking lawful union action. On the other hand, I hope that you don't also expect to benefit from whatever terms the union gets as a result. There is nothing more annoying than people who won't support the union but still want the pay rise.

Watsitallabout · 20/08/2020 14:24

Thanks Moondust, I will pass that information on. I told her she can leave if she wants, but as you said, she will then not get the benefit of anyone supporting her in the future, if she has any issues or exactly as you say, wants a pay rise.

She, of course, is just worried about not being given the job full time as she went off on strike during her probation period, but then that is probably illegal as you say, I just have no knowledge of unions and the law etc, so thanks for your advice

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ilovemydogandMrObama · 20/08/2020 14:27

Not sure I understand, but does your friend not want to strike or not be on a picket line? Has there been a ballot?

No one will force her to strike, but it sounds as if there is an active union if her colleagues are asking her to join, so there may be an ongoing dispute with management.

Watsitallabout · 20/08/2020 15:59

Apparently there is going to be a strike called ilove, regarding working hours. She supports the idea, of not working longer hours, but she is worried that if she goes out on strike whilst she is on her 6 month probation period it may jeopardise them taking her on after her probation period ends. From what Moondust is saying they can't use that in the decision making, as to whether she gets to keep her job after probation.

I am not sure about ballot to be fair and I can't ask her at the moment. It is not so much being on a picket line that would bother her, just annoying her manager whilst she is still on probation, she needs this job badly, she is a single parent and it took her a long while to find a decent paying job, so it would be a nightmare to lose it in the current circumstances

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daisychain01 · 20/08/2020 17:38

The worrying thing is being in an organisation where the employees need to go out on strike for improved working conditions, including better hours in this case. Going on strike is an extreme measure to take and isn't taken lightly by Unions.

I'm aligned to @Moondust001's thoughts that when Unions go all-out to champion the best interests of staff, staff need to reciprocate.

However I totally get your friend's concerns if she is still in a probation period, and wanting to keep herself on the right side of management.

Has your friend contacted ACAS as they are really helpful at giving an independent view including guidance on rights and obligations (employees and employers). Good to get another perspective.

Watsitallabout · 20/08/2020 17:51

Thanks so much Daisychain, I totally forgot about ACAS, I have sent her the details and said just to contact them for some advice, great information thank you.

I am in a Union myself, but we have never had to strike in all the years I have been in it, but as you say I would always support them when needed, as I know they are brilliant and would support me the same way, but luckily I am with a firm that doesn't often have issues, they treat us brilliantly to be fair, so I have no real experience to pass on to my friend here, so thank goodness for you and the others!

Thanks again, much appreciated Smile

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Moondust001 · 20/08/2020 18:26

I should point out that the threat of a strike is often all it takes. More often than not it brings employers to the table. Which is what the threat is intended to do.

Watsitallabout · 21/08/2020 00:50

Yes true thanks Moondust, hopefully that is exactly what’s going on here, I will pass that info on Smile

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ItsIslandTime · 21/08/2020 08:30

I had a similar predicament am years ago when I first started work. I explained my worries to my colleagues and ended up working but donating money to charity. A couple of other union members worked too so it didn't feel awkward. No one seemed to mind.

lookingforamindatwork · 21/08/2020 08:33

You can strike regardless of length of service and you can also choose not to. You can join a union but I think it needs to be 6 weeks membership before they can help with grievances etc.

I've always been in a union, except for a period of a year or two when I left as I did not agree with one thing they were striking about, which ironically they now want the company to bring back.

ramblingsonthego · 21/08/2020 08:36

She has no legal rights for her job until 2 years anyway so they could get rid of her anytime in the first 2 years (unless for a protected characteristic). 6 month probation is purely a company matter not a legal one.

As for not striking it depends where she works. If its Royal Mail she will forever be known as a "scab" if she broke the picket line. They have a very militant union. Other unions can be a lot softer.

daisychain01 · 21/08/2020 08:39

You're a lovely friend @Watsitallabout that's often what's needed at a time like this, with so much uncertainty around jobs and lack of security.

To add to what others have said on here, Union subs is set on the basis of salary level, which of course relates to people's ability to afford the subs. It's an insurance policy isn't it. I occasionally help our Union with local promotional events and they really are committed to getting fair wages for fair hours for their members.

I hope that the outcome of any action at your friend's organisation is a positive result for the staff!

daisychain01 · 21/08/2020 08:40

sorry Union subs are

Watsitallabout · 21/08/2020 15:13

That is another idea itsislandtime at least with a charity donation then you are showing willing, even if you can't stand alongside those on strike and even better if your not alone, nothing worse than being the odd one out (even if for good reasons).

The strike hasn't been called for my friend yet when I spoke to her last night, its an inital vote which Moondust confirmed may just end up getting the employer to talk to the Union re the change in working hours and hopefully not lead to a strike.

Oh its a minefield out there lookingfor they want this, then they don't want that, hard to know what to do sometimes. But I decided when I joined that I would support my buddies if a strike was needed, as they were trying to outsource jobs abroad, but in the long run it wasn't done luckily, so no strike needed.

Is that right ramblings wow, I didn't know it was up to 2 years before you had any real legal rights in a job, but I shall remember that in case. No, its not Royal Mail and I can't even remember what union it is she is in, I hadn't heard of it before, but that isn't saying much lol, its all quite new to me since I joined my own union, I worked over 25 years without being in one so im still a union rookie myself.

Thanks daisychain she really does need all the support she can get, not having worked for years as she was bringing up her son, but now he is at school (well will be going back to school soon hopefully!) she really was excited to get into work and it is quite a good job she landed, so by hook or by crook she needs to keep this, so doesn't want to ruffle any feathers along the way and has been doing really well, she recently got a small pay rise (even though she is still on probation) and has been receiving great feedback from her manger, so she just didn't want to upset anyone at this early stage. She is going to contact ACAS today, so no doubt she will give me an update later Smile and hopefully you are right, it will end up a good outcome for her and her colleagues, fingers crossed

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killerofmen · 22/08/2020 21:30

Strikes are actually very rare these days. The government put in anti trade union regulation in 2016 which makes it harder to strike.

She can vote no to strike action but if it does go ahead she should speak to her rep and advise she won't participate until she's passed her probation. Most would understand.

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