College accused of union-busting in landmark legal ruling

An employment judge has backed claims of “union-busting” at a cash-strapped college in a landmark ruling.

GMB Scotland won the case against Forth Valley College after reps were barred from representing members on health and safety committees.

An Employment Tribunal ruled attempts by the college to stop three reps from attending the meetings was unlawful and driven by a desire to stop them taking part in union activities.

Keir Greenaway, GMB Scotland senior organiser, said the ruling is a warning to other colleges or public sector organisations trying to undermine workers’ rights by stealth.

He said: “We are happy to have won such emphatic support from the tribunal but this case should never have been necessary.

“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.”

GMB lawyers, Union Line, led the action claiming GMB reps had been barred from using “facility time” - paid time off - to represent members at the health and safety meetings.

The union launched legal action in 2025 to secure the reps’ rights to carry out their statutory role after Forth Valley College insisted GMB was not included in local collective bargaining and had no right to attend.

After a three-day hearing, the tribunal, led by an employment judge, ruled the college, which has warned its Alloa campus, one of three, may be closed to save money, was in breach of Safety Representatives and Safety Committees Regulations. 

Forth Valley College must now allow the union’s reps to carry out their roles, attend meetings and receive paid time off to represent members.

The tribunal also ruled the college breached the Trade Union and Labour Relations (Consolidation) Act 1992 because it had been trying to deter or prevent the reps from taking part in union activities.The Tribunal ruled the GMB is a recognised trade union by all colleges that are signatories to the national negotiating agreement.

GMB Scotland has now written minister Ben Macpherson, Scottish Government minister for tertiary education, and Forth Valley politicians highlighting the tribunal decision. It said the ruling is welcome confirmation of the protections given to health and safety reps to represent members in the workplace.

Greenaway urged Forth Valley College which, like other colleges, is meant to follow the Scottish Government’s Fair Work guidelines, to swiftly accept the decision and allow its workers to be properly represented and protected.

He said: “The decision is important and timely but does not just send a message to Forth Valley College.

“It sends a message to every employer trying to subvert hard-won and long-established workers’ rights with bluster and technicalities.

“They will be challenged and they will lose.”

ENDS