HR warns employees attending climate change strike may be illegal

-

Millions of members of the TUC could be holding a 30 minute walk-out for a “solidarity climate stoppage” on the 20th September 2019.

The University and College Union (UCU) have backed the motion of a “solidarity climate stoppage” walk-out and are set to debate this at the next TUC meeting in September. Currently the TUC has over five million affiliate members.

This was initially championed by 16-year-old Swedish climate change activist, Greta Thunberg, through her global school strike initiative. In May, whilst writing an article for the Guardian, Ms Thunberg also called on adults to “step up alongside” the children as to “change everything, we need everyone”.

Get our essential weekday HR news and updates.

This field is for validation purposes and should be left unchanged.
Keep up with the latest in HR...
This field is hidden when viewing the form
This field is hidden when viewing the form
Optin_date
This field is hidden when viewing the form

 

A spokesperson for the UCU said:

We are calling on all the TUC affiliate unions, student unions throughout our colleges and universities and politicians and community groups, to support the call for a 30-minute workday stoppage in solidarity with the global school student strike on the 20th September.

However, in order for this strike to be lawful, there are a series of procedures that must be followed.

Unions must give a week’s notice of a ballot and inform employers of the results as soon as possible. There must be a minimum turnout of 50 per cent of the workforce, as well as the majority of the workforce voting for a strike.

In addition, the employer must be given two weeks notice, or seven days if agreed by the union and the employer in question, before the first day of action.

As it stands, the TUC meeting is set to take place between the 8th and 11th September whilst the proposed walk-out is on the 20th, making it questionable whether these procedures can be met in time and hence, whether this walk-out will be lawful.

Kate Palmer, associate director of advisory at Peninsula, a HR and employment law consultancy firm, said:

Regardless of any flexible working arrangements you may have agreed with your employee, taking unauthorised time away from work, whether it be to attend the global climate change strike or for any other reason, is a serious matter and can be considered a dereliction of duties.

If you suspect that an employee has taken time away from work to attend the protest, your first action should be to conduct an investigation to see if there is real substance to your suspicions. You do not need actual evidence of their attendance but sufficient information from which you can build a reasonable belief.

If the results of the investigation lead you to believe there is a case to answer, you may proceed with some form of action against the employee. This will differ depending on the circumstances but it is likely that a warning, whether verbal or written, will be appropriate. No formal action should be taken before a fair disciplinary process has been followed which will involve inviting the employee to a disciplinary hearing, at which they have a right to be accompanied, to explain their actions.

More severe action may be appropriate if the employee becomes involved in an incident during the protest which you believe may bring your company into disrepute. Several factors would be involved in the decision making process here including the type of business you run and the role the employee performs for you.

Monica Sharma is an English Literature graduate from the University of Warwick. As Editor for HRreview, her particular interests in HR include issues concerning diversity, employment law and wellbeing in the workplace. Alongside this, she has written for student publications in both England and Canada. Monica has also presented her academic work concerning the relationship between legal systems, sexual harassment and racism at a university conference at the University of Western Ontario, Canada.

Latest news

Personalising the Benefits Experience: Why Employees Need More Than Just Information

This article explores how organisations can move beyond passive, one-size-fits-all communication to deliver relevant, timely, and simplified benefits experiences that reflect employee needs and life stages.

Grant Wyatt: When the love dies – when staying is riskier than quitting

When people fall out of love with their employer, or feel their employer has fallen out of love with them, what follows is rarely a clean exit.

£30bn pension savings window opens for employers ahead of 2029 reforms

UK employers could unlock billions in National Insurance savings by expanding pension salary sacrifice schemes before new limits take effect in 2029.

Expat jobs ‘fail early as costs hit $79,000 per worker’

International assignments are ending early due to family strain, isolation and poor preparation, as rising costs increase pressure on employers.
- Advertisement -

The Great Employer Divide: What the evidence shows about employers that back parents and carers — and those that don’t

Understand the growing divide between organisations that effectively support working parents and carers — and those that don’t. This session shows how to turn employee experience data into a clear business case, linking care-related pressures to performance, retention and workforce stability.

Scott Mills exit puts spotlight on risk of ‘news vacuum’ in high-profile dismissals

Sudden departure of a long-serving BBC presenter raises questions about how employers manage high-profile dismissals and limit speculation.

Must read

Alice Evans: Employees are retiring later and working longer

One out of every five UK pension scheme members expect to work into their 70s, according to research by Willis Towers Watson, with working later perceived as the main solution to inadequate retirement savings for those over 50.

Nick Gold: People-powered productivity in the AI era

While AI offers benefits, it isn’t going to change things overnight. And if we have people in our business, it’s our duty to create the environment for them to thrive.
- Advertisement -

You might also likeRELATED
Recommended to you