Matty
Well-Known Member
urmston said:Matty said:What you're saying is that the response really means "Yes, but at your own risk, as we can't defend you from any action taken against you by the company". Unfortunately not is, therefore, simply not true.
Take a look here.
<a class="postlink" href="http://www.catererandhotelkeeper.co.uk/articles/31/7/2009/328981/you-cant-just-sack-the-strikers.htm" onclick="window.open(this.href);return false;">http://www.catererandhotelkeeper.co.uk/ ... rikers.htm</a>
Where a union has called a strike following a successful ballot of its members, unfair dismissal protection extends not only to members of the union, but to all employees who participate in the action, despite the fact that non-union members do not have an entitlement to vote in the ballot.
So the Union's answer on the website is indeed not correct.
The question was pretty simple, can a non-union member participate in strike action.
The answer was pretty clear, unfortunately not.
That, it seems, is not true. A non-union member absolutely CAN participate, and must be treated in the same way as a union member by his employer. So, therefore, why did the union say they couldn't participate?
On a seprate, but related, issue. One could argue that, if you were not a union member, and therefore did not have a say in whether strike action was taken or not, that it is your right to chose whether to participate or not. If you're a union member then it's a bit different, you were given the right to vote, you either did or didn't take up this right, and the outcome was either what you voted for or what you didn't vote for. In either scenario, you've had your chance to have a say, it's been registered in you vote (or lack thereof), if the outcome goes against your wishes then I feel it's a bit rich to then decide not to honour the outcome and refuse to strike.
In short, union members should stand by the decisions of their union and strike/not strike based upon those decisions. Non-union members didn't have a say, and as such can't be held to the same set of rules.