Why Employer-Paid Trade Union Representation Doesn’t Work - Pt1

The Workers of England Union uses independent Trade Union Representation.

We would all agree that when a Trade Union member faces a Disciplinary or Grievance Hearing, the person representing them must be 100% loyal to the member, not the employer.

If the representative is paid, appointed, or released under the employer’s control, that independence is instantly compromised. Here’s why:

Conflict of interest:

An employer-funded Rep owes their time, wages, and sometimes their position to the employer. That creates a built-in tension.

Will they push hard for the member who has paid their Trade Union subs for professional representation or will they worry about annoying management?

It is the belief of the WEU that ‘No one can serve two masters in a disciplinary process’. That is why we use independent, non-workplace Reps.

Chilling effect on advocacy:

Employer-paid Trade Union Reps often know that being “too awkward” or “too Trade Union focused” can affect their career prospects, access to facility time, or even their next appraisal.

So, they may hold back by softening arguments, avoiding confrontation, or steering cases toward management’s preferred outcomes.

The WEU is there for our member. Our Reps are independent of the employer so they are free to use the best arguments on the member’s behalf.

Loss of confidentiality and trust:

Members need to know their conversations with Reps are private and protected. But if Reps report back to HR, or are seen as part of management, that trust evaporates. A fearful workforce is not a represented workforce.

The WEU has heard many members talking about their past experiences in other Trade Unions who use employer-paid Reps. They have mentioned how management already knew the arguments before the hearing. The WEU doesn’t work that way; our members’ conversations are private.

Undermines the Trade Union’s independence:

The whole point of a Trade Union is to act independently of the employer. When representation is effectively subsidised or managed by the very organisation under scrutiny, it turns the Trade Union from a collective force into a management-approved support service.

A WEU Rep can tackle and scrutinise a company’s unlawful policy. They can challenge a manager who is being disrespectful to a member during the hearing, without fear of that manager trying to get back at them in the workplace afterwards.

Erodes Trade Union strength:

Employer-paid representation shifts the balance from getting the person who would be the best Rep, to a colleague who has potentially seen that they don’t have to do the job they were employed to do anymore.

It discourages Trade Unions from developing Reps that are skilled with the latest employment law knowledge. Over time, Trade Unions who use workplace Reps become weaker, less democratic, and less accountable to members.

The WEU uses full-time Reps who on a daily basis represent members across a variety of workplaces. They are skilled professional Trade Union Reps.

Statement from the General Secretary:

Stephen Morris, General Secretary of the Workers of England Union said:

“We use non-workplace Reps because we want the best for our members. It is essential that a Trade Union gives its members the best representation possible. The Workers of England Union uses independent representation because we know that employer-paid reps aren’t as effective. Please ask your colleagues, friends, family to join us.”