What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights

Abstract

The recent development of statutory individual employment rights alters the balance between legal regulation and collective bargaining. Union influence in the workplace has declined and workers are more reliant on individualised procedures culminating in claims to employment tribunals. There is potential, though, for unions to play a role in enforcing statutory employment rights, to demonstrate the efficacy of representation to potential members and to augment collective bargaining agenda. Union engagement with the law is explored in this article through detailed case studies conducted in two unions. Findings highlight sustained commitment to strategic legal challenges, but also some substantial obstacles to the broader use of the law to mobilise workers and potential members.