Rights Within the Union
There is a right not to be unjustifiably excluded or expelled from a trade union. Exclusion or expulsion may be justified if you do not satisfy the union’s rules, for example, by not being employed in a specified trade or profession, or due to your conduct other than having been a member of another trade union or a member of a political party. You can complain to an Employment Tribunal if your rights are infringed.
The relationship between you and your union is governed both by the union rulebook and by statute. The rulebook, together with custom and practice, sets up contractual rights entitling you to the benefits and the procedures contained in it. In addition, the rules of natural justice will generally apply to any disciplinary hearing within the union. These are the right to be given notice of the allegation made against you, the opportunity to state your case and to be heard by an impartial body within the union.
You have the right under the Trade Union Reform and Employment Relations (Consolidation) Act 1992 not to have unjustifiable disciplinary action taken against you. You can complain to an Employment Tribunal, which can set aside the decisions of the union and award compensation.
Disciplinary action means expulsion, fines, deprivation of benefits or any other detriment. Discipline is unjustifiable if it is on the grounds of failing to participate in or support industrial action, even if a majority of the members involved voted in favour.
Similarly, disciplinary action for refusing to break your contract of employment, or for following calls for action in breach of the union’s rules, is unjustifiable. You also have a right to terminate your union membership and not to have your union subscriptions deducted from your salary without your agreement, which must be obtained every three years. You may complain to an Employment Tribunal if your employer makes an unauthorised deduction of subscriptions.
The relationship between you and your union is governed both by the union rulebook and by statute. The rulebook, together with custom and practice, sets up contractual rights entitling you to the benefits and the procedures contained in it. In addition, the rules of natural justice will generally apply to any disciplinary hearing within the union. These are the right to be given notice of the allegation made against you, the opportunity to state your case and to be heard by an impartial body within the union.
You have the right under the Trade Union Reform and Employment Relations (Consolidation) Act 1992 not to have unjustifiable disciplinary action taken against you. You can complain to an Employment Tribunal, which can set aside the decisions of the union and award compensation.
Disciplinary action means expulsion, fines, deprivation of benefits or any other detriment. Discipline is unjustifiable if it is on the grounds of failing to participate in or support industrial action, even if a majority of the members involved voted in favour.
Similarly, disciplinary action for refusing to break your contract of employment, or for following calls for action in breach of the union’s rules, is unjustifiable. You also have a right to terminate your union membership and not to have your union subscriptions deducted from your salary without your agreement, which must be obtained every three years. You may complain to an Employment Tribunal if your employer makes an unauthorised deduction of subscriptions.
