Can I still claim unfair dismissal if my union has a special agreement with my employer?

The situation

I have been working as a warehouse operative in Manchester for about four years. Last Tuesday, my manager sat me down and told me that I was being let go immediately due to some alleged performance issues, even though I have never had a single formal warning or any issues with my conduct. My workplace is part of a large industry-wide scheme where the trade union and the employers' association have a specific set of rules for handling disputes and sackings. I have already spoken to my union representative, and they told me that because of this special agreement we all signed when I started, I have to follow their internal arbitration process rather than going straight to an employment tribunal to claim unfair dismissal. I am really confused because I thought the law gave me a right to challenge a dismissal if it was unfair. I want to know if this union agreement actually replaces my usual legal rights to sue for unfair dismissal, or if I can still take my case to a proper tribunal if the union's process doesn't give me a fair outcome or enough compensation for my lost wages.

Detailed Analysis

In your situation as a warehouse operative in Manchester, your right to go to an employment tribunal (a specialized court that hears workplace disputes) depends on the legal status of your industry-wide scheme. Under the law, a 'dismissal procedures agreement' can change how you challenge being sacked.

If the agreement between your union and the employers' association has been officially designated by the Secretary of State, then "the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94"^[1]. This means that if the agreement is legally designated, your usual statutory right to claim unfair dismissal is replaced by the specific rules and arbitration processes laid out in that agreement^[1].

For such an agreement to be validly designated, it must meet several strict requirements. For example, the remedies provided by the agreement must be "on the whole as beneficial as (but not necessarily identical with) those provided by this Part"^[1]. This means the compensation or outcomes offered by your union's process must be roughly as good as what a tribunal would normally award.

It is uncertain whether your specific agreement meets all these legal standards or if it has been formally designated by an order from the Secretary of State. If the agreement is not a legally designated one, you may still have the right to present a complaint to an employment tribunal^[2]. However, if it is designated, you must follow the internal process first.

Note that state, provincial, or local law may add further rules, and you should check specific UK government guidance on employment rights.

Statutory Citations

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