Where the union is not recognised
Stewards and workplace representatives working for employers who do not recognise UNISON do not have access to comprehensive legal rights to time off, facilities, etc.

However, there are some limited legal rights which do apply in these circumstances and which can be used to help build workplace organisation in non-recognised workplaces.

Representing members in hearings
The Employment Relations Act 1999 gives all workers the right to be accompanied to grievance and disciplinary hearings by a fellow worker or 'companion'. Stewards and workplace contacts can therefore volunteer to act as a companion for members even when they are not recognised as UNISON stewards by the employer.

The companion then has the right to time off for preparation, attendance at the hearing and conferring with the member. Strictly speaking, this is not a right to 'representation'. At the hearing the companion can address the hearing and confer with the member but not answer for them.

If the companion is not available on the date of the hearing and the worker suggests another date within five working days, the employer has to postpone it.

The companion has the right not to be victimised.

Protection against dismissal and victimisation
Stewards and workplace contacts have rights as trade union members not to be victimised or dismissed on union grounds.

This is especially important for stewards in workplaces where the union is not recognised because they may be organising trade union activities in workplaces where the employer is openly hostile.

A steward may be able to take a case to tribunal if the employer victimises them for taking part in trade union activity. This can be quite complicated, and success will depend upon UNISON being able to demonstrate that the employer committed a specific act whose purpose was to prevent or deter trade union activity. Stewards must therefore seek advice from the regional office before pursuing such a claim.

The legal protection, such as it is, only applies to trade union activity being pursued in the stewards' own time - ie breaks and outside working hours.

Rights to consultation
Workers in non-recognised workplaces also have legal rights to consultation over transfers and redundancies. This is covered in Working with the employer.