Rights Against Employers
You are protected by the Trade Union Reform and Employment Relations (Consolidation) Act 1992 against refusal of employment, dismissal - including selection for redundancy - and victimisation short of dismissal on the grounds that you are or are not a trade union member. This includes seeking to become a member and taking part, at an appropriate time outside working hours but on your employer’s premises, in the activities of the union.
You are also protected if the grounds of your dismissal or victimisation are your trade union activities in the past, for example, when you were working for another employer, when the basis of the employer’s action is fear that you will repeat those actions in your current employment.
You are entitled to recruit members, hand out literature, collect subscriptions and hold meetings during the times when you are not working. If your employer allows you to talk while you are at work, you are also allowed to talk about trade union membership and to encourage people to join.
Any act or omission by your employer that is to your detriment is unlawful if your employer’s purpose is to deter you from union membership or activity or punish you for being in the union. This includes the refusal to allow representation by a union official in accordance with agreed procedures.
However, it is not unlawful for an employer to pay employees who opt out of terms collectively agreed by a union, a higher salary increase provided that this reasonably relates to the services provided by the worker and that there is no inhibition in the contract of employment which prevents the worker from being a member of a union.
If you feel you are being unfairly treated for your union involvement, you can make a claim to an Employment Tribunal. Compensation is available for dismissal and victimisation of up to £58,900 for dismissal, with further compensation available if your employer refuses to comply in full with an order for reinstatement or re-engagement made by the Employment Tribunal. Compensation for action short of dismissal is in the discretion of the Employment Tribunal and may include a sum for injury to feelings and reputation.
The most important remedy for dismissal is an order for reinstatement. In order to make a claim, you should use the ‘interim relief’ procedure available while you are under notice or during the first seven days after dismissal. This requires a certificate from a union official confirming that in their opinion you were dismissed because of your trade union activities and are likely to win a claim for unfair dismissal on those grounds. A very quick hearing will then be arranged by the Employment Tribunal that has the power to order your employer to continue your contract until the full hearing of the case.
With the exception of the requirement of a union official’s certificate, all of the above rights and procedures also apply to someone who has been dismissed on the grounds that they refused to join or take part in the activities of a trade union.
You are also protected if the grounds of your dismissal or victimisation are your trade union activities in the past, for example, when you were working for another employer, when the basis of the employer’s action is fear that you will repeat those actions in your current employment.
You are entitled to recruit members, hand out literature, collect subscriptions and hold meetings during the times when you are not working. If your employer allows you to talk while you are at work, you are also allowed to talk about trade union membership and to encourage people to join.
Any act or omission by your employer that is to your detriment is unlawful if your employer’s purpose is to deter you from union membership or activity or punish you for being in the union. This includes the refusal to allow representation by a union official in accordance with agreed procedures.
However, it is not unlawful for an employer to pay employees who opt out of terms collectively agreed by a union, a higher salary increase provided that this reasonably relates to the services provided by the worker and that there is no inhibition in the contract of employment which prevents the worker from being a member of a union.
If you feel you are being unfairly treated for your union involvement, you can make a claim to an Employment Tribunal. Compensation is available for dismissal and victimisation of up to £58,900 for dismissal, with further compensation available if your employer refuses to comply in full with an order for reinstatement or re-engagement made by the Employment Tribunal. Compensation for action short of dismissal is in the discretion of the Employment Tribunal and may include a sum for injury to feelings and reputation.
The most important remedy for dismissal is an order for reinstatement. In order to make a claim, you should use the ‘interim relief’ procedure available while you are under notice or during the first seven days after dismissal. This requires a certificate from a union official confirming that in their opinion you were dismissed because of your trade union activities and are likely to win a claim for unfair dismissal on those grounds. A very quick hearing will then be arranged by the Employment Tribunal that has the power to order your employer to continue your contract until the full hearing of the case.
With the exception of the requirement of a union official’s certificate, all of the above rights and procedures also apply to someone who has been dismissed on the grounds that they refused to join or take part in the activities of a trade union.
