A Scottish college attempted to prevent staff from taking part in union activities, an employment tribunal has ruled.
Three members of staff at Forth Valley College took action against their employer, claiming they were denied time off in order to attend health and safety committee meetings.
The tribunal, following a three-day hearing earlier this month, found the college breached employment regulations by not allowing the time off, as well as subjecting the complainants “to a detriment for the sole or main purpose of preventing or deterring them from taking part in the activities of an independent trade union at an appropriate time”.
We are happy to have won such emphatic support from the tribunal but this case should never have been necessary
A summary of the judge’s ruling said: “The tribunal declares that the respondent failed to permit the claimants to take such time off with pay during working hours as was necessary for the purpose of performing their functions as safety representatives, namely attendance at health and safety committee meetings.”
No compensation was sought by those who took the college to the tribunal.
The three complainants are members of the GMB trade union.
Keir Greenaway, a senior organiser for the union, accused the college of attempted “union-busting” – a charge rejected in a statement from the institution.
“We are happy to have won such emphatic support from the tribunal but this case should never have been necessary,” he said.
“The attempt by Forth Valley College to sabotage the work of our reps was bad enough but to then squander thousands of pounds on lawyers asked to defend the indefensible is beyond the pale.
“The ruling of this employment tribunal could not be clearer in rejecting their attempt to justify union-busting at Forth Valley College.
“This decision should be heard and heeded at this college and any others considering a similar attempt to silence our members or undermine their rights.”
Mr Greenaway added that the ruling was “a message to every employer trying to subvert hard-won and long-established workers’ rights”.
A spokesperson for the college said: “While we respect the outcome of the tribunal decision, this case involves complex legal considerations and the college is currently seeking further detailed written reasons and taking independent legal advice before determining its next steps.
“Forth Valley College strongly refutes any suggestion that it has sought to undermine trade union activity or workers’ rights.
“We fully respect the role that unions play in providing a co-ordinated and consistent framework for fair representation across the college.
“We have a long-standing commitment to constructive engagement with recognised trade unions and we operate in line with national agreements, statutory requirements and the Acas code of practice.
“The college remains committed to maintaining positive and respectful relationships with staff representatives and will continue to engage in good faith with all stakeholders as we consider the implications of this decision.”