AN EMPLOYMENT tribunal victory has backed workers’ claims of “union-busting” at Forth Valley College, GMB Scotland has revealed.

The challenge was brought forward by the union after three of its reps had been barred from using facility time — paid leave for trade union business — to represent members at health and safety meetings.

The college had insisted the GMB had no right to attend as it was not included in local collective bargaining agreements.

But after a three-day hearing, the tribunal ruled the GMB is a recognised trade union by all colleges that are signatories to the national negotiating agreement.

That agreement meant the college’s actions were not only in breach of Safety Representatives and Safety Committees Regulations but also the Trade Union and Labour Relations (Consolidation) Act 1992 by trying to deter or prevent the reps from taking part in union activities.

GMB Scotland senior organiser Keir Greenaway 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.”

Warning the college’s actions breached fair work guidelines to which its Scottish government funding is tied, the union has written to tertiary education minister Ben Macpherson.

“The decision is important and timely but does not just send a message to Forth Valley College,” Mr Greenaway added.

“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.”

The Forth Valley College said it “strongly disputes any suggestion that it has sought to undermine trade union activity or workers’ rights,” adding: “We fully respect the role that unions play in providing a co-ordinated and consistent framework for fair representation across the college.

“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.”

The Scottish government was contacted for comment.