Please read the below guidance to establish if any of the mandatory reasons apply to your request.
There are certain communications that, as a trade union, we need to ensure our members receive and they are not able to opt-out of receiving. This means we can legitimately override a member’s mailing preferences and send them a communication that is classed as mandatory.
Below details the different mandatory categories of communications with some guidance and examples to assist. If you want to send a mass mailing to members opted out of post and/or email that falls outside of the categories below, please raise this with your RDA and RLO to consider further. Communications categorised as “Mandatory” must not contain any promotional or campaigning material.
statutory ballots or elections
This covers the sending of ballot papers and essential (non-promotional or campaigning) correspondence for formal industrial action ballots or internal GS/EC trade union elections. An example of essential correspondence might be wording such as “We will be conducting a ballot next week/month regarding X/Y/Z. This will be sent to your home address. Please ensure your records are up to date by XX/XX/XXXX”. A pre-ballot data cleanse form can be sent as a mandatory communication, provided no promotional or campaign content is included.
union subscription payments
This covers essential (non-promotional) correspondence regarding changes to subscription payments and all compulsory direct debit correspondence.
collective bargaining
This covers essential (non-promotional or campaigning) correspondence providing information about collective bargaining including pay negotiations and any other prospective changes to members’ terms & conditions, invitations to union meetings regarding pay claims/T&C changes and also conducting consultative ballots on any pay deal and/or T&C changes. Recommendations on how to vote in a ballot (accept or reject) and the reasons, cannot be included in mandatory emails or SMS with voting links as it is promotional content, which means email opt-outs must be followed. Any recommendation or promotional ballot commentary, should be included on the digital ballot form or a letter embedded on the form.
collective consultation
This covers correspondence sent to provide affected members with information regarding a potential TUPE transfer or collective redundancy (s.188 consultations) or to invite affected members to union meetings regarding a TUPE or collective redundancy exercise.
legal claims
This is intended to cover the rare circumstance where we might need to send a mass mailing to members to notify them of a potential collective legal claim impacting on them (a protective award or unlawful inducement claim for example). Individual advice to members regarding legal claims is similarly permitted, but that would not involve the mass mailing system and would be in response to the member requesting advice directly.
if necessary, invitations to branch or workplace meetings
“necessary” invitations are invites to meetings we are obliged to notify members of under our rule book and/or associated EC guidance (e.g. branch/workplace meetings that will include GS candidate nomination, the triennial election (or by-election) of branch officials or workplace representatives and/or AGMs). Branches remain able to notify members of meetings using the branch portal/website and nothing in this note changes their ability to do so in line with rule. As explained in categories 3 and 4 above, invitations to meetings regarding collective bargaining and/or collective consultations are also classed as mandatory communications.
Email to activists
Emails to activists can be classed as mandatory if the email is specifically to reps/activists relating to their role/duties, the branch, the employer, workplace or sector. So, this would include things such as information about reps’ training courses, forums for reps, information specifically for branch secretaries, etc. Emails that are about membership service, political campaigns, general (non-rep) education or general (not purely rep focused) regional emails should still take account of the rep/activists’ opt-out preferences.