Trade union membership rights

A trade union is an organisation of workers that seeks to protect and advance the interests of its members by negotiating with employers on pay and conditions of work. Unions may also provide legal advice, financial assistance, sickness benefits and education facilities to their members.

Individuals are free to join – or not join – a trade union. You must not treat someone unfairly for reasons relating to their union membership or non-membership.

This guide explains the employment rights of both union members and non-members who are either job applicants or already working for you.

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Trade union membership rights of job applicants – employers

An individual has the right not to be refused employment because:

• they are not a member of a trade union, or will not agree to become a member
• they are a member of a trade union or will not agree to cease being a member
• they will not agree to make a payment – eg to a union or charity – in lieu of union membership or to allow a prospective employer to deduct a sum of money from their pay to make such a payment

It is unlawful for an employer to refuse employment in contravention of any of these rights.

What types of employment are covered?

‘Employment’ means employment under a contract of service or apprenticeship.

It does not include self-employment under a contract for services.

What is meant by the term ‘trade union’?

The term ‘trade union’ means:

• any trade union
• a particular trade union
• any branch or section of a trade union
• one of a number of particular trade unions
• a particular branch or section of a trade union
• one of a number of particular branches or sections of a trade union

Refusal of employment

A person will be regarded as having been refused the employment they are seeking if the prospective employer or agent acting on the employer’s behalf:

• refuses or deliberately omits to deal with their application or enquiry
• causes them to withdraw or stop pursuing their application or enquiry – eg by making threats or discouraging remarks
• refuses or deliberately omits to offer them employment of the kind they are seeking
• makes them an offer of employment of the kind they are seeking but on terms – eg the rate of pay – which no reasonable employer who wished to fill the vacancy would offer, and which is not accepted
• makes them an offer of employment of the kind they are seeking but withdraws it or causes them not to accept it – eg by making threats or discouraging remarks

Where a person is offered employment subject to any of the requirements listed below and they don’t accept the offer because they do not satisfy the requirement, or are unwilling to comply with it, they will be regarded as having been unlawfully refused employment for that reason.

The requirements are that:

• they are or should remain a member of a trade union
• they should take steps to become a member of a trade union
• they are not, or should not become, a member of a trade union
• they should take steps to cease to be a member of a trade union
• they should make payments or suffer deductions in lieu of union membership

Job advertisements specifying union membership requirements

Where a job advertisement appears specifying any of the union membership or non-membership requirements listed above, a person who does not satisfy the requirements, or is unwilling to comply with them, and who applies for and is refused the job, will be presumed to have been refused it unlawfully.

‘Advertisement’ means every form of advertisement or notice, whether to the public or not. For example, it could be an advertisement in a newspaper or periodical, or a notice posted in or outside a factory.

Recruitment through trade unions

Where there is an arrangement or practice under which an employer recruits only people who have been supplied – ie put forward or approved – by a trade union from among its membership, a person who is not a member of the trade union concerned and who is refused the employment because they have not been supplied by the union, will be regarded as having been refused employment because they are not a union member.

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Trade union membership rights of job applicants – employment agencies

An individual has the right not to be refused the services of an employment agency because:

• they are not a member of a trade union, or will not agree to become a member
• they are a member of a trade union or will not agree to cease being a member
• they will not agree to make a payment – eg to a union or charity – in lieu of union membership or to allow a prospective employer to deduct a sum of money from their pay to make such a payment

It is unlawful for an employment agency to refuse its services in contravention of any of these rights.

What is meant by the term ‘trade union’?

The term ‘trade union’ means:

• any trade union
• a particular trade union
• any branch or section of a trade union
• one of a number of particular trade unions
• a particular branch or section of a trade union
• one of a number of particular branches or sections of a trade union.

What is meant by an ’employment agency’?

‘Employment agency’ means any person or organisation that provides services – whether for profit or not – for the purpose of finding employment for workers or supplying employers with workers.

A trade union is not regarded as an employment agency if it provides services only to its own members to assist them in finding employment.

However, if a trade union provides such services to non-members, it will be regarded as an employment agency.

Refusal of the services of an employment agency

A person who seeks to use the services of an employment agency will be regarded as having been refused that service if the agency:

• refuses or deliberately omits to make the service available to them
• does not provide the service to them on the same terms as it provides the service to other people
• causes them not to make use of the service, or to stop making use of it, eg by making threats or discouraging remarks

Where a person is offered the service of an employment agency, subject to any of the requirements listed below, and they do not accept the offer because they do not satisfy the requirement, or are unwilling to comply with it, they will be regarded as having been unlawfully refused the service for that reason.

The requirements are that:

• they are – or should – remain a member of a trade union
• they should take steps to become a member of a trade union
• they are not – or should not – become a member of a trade union
• they should take steps to cease being a member of a trade union

Employment agency advertisements specifying trade union membership requirements

Where an advertisement about the services of an employment agency specifies any of the union membership or non-membership requirements listed above, a person who does not satisfy the requirements, or is unwilling to comply with them, and who seeks use and is refused the services, will be presumed to have been refused them unlawfully.

‘Advertisement’ means every form of advertisement or notice, whether to the public or not. For example, it could be a list of job vacancies supplied by an employment agency to people who have registered with that agency.

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Tribunal claims for unlawful refusal of employment or the services of an employment agency on trade union membership grounds

Individuals can make an employment tribunal claim if they think they’ve been unlawfully refused employment or the services of an employment agency on trade union membership grounds – see the pages in this guide on trade union membership rights of job applicants – employers and trade union membership rights of job applicants – employment agencies.

An individual – the claimant – can bring a claim against either or both a prospective employer and an employment agency where the claim arises out of the same situation.

If a claimant brings a claim against only one of them, either the employer/employment agency or the claimant can ask the tribunal to join the other – ie either the employment agency or employer – as a party to the proceedings.

A tribunal will grant such a request if it is made before the hearing begins. However, the tribunal may refuse the request if it is not made until after the start of the hearing. This ‘request for joinder’ cannot be made after the tribunal has decided whether or not the claim was well founded.

If a claimant brings a claim against both an employer and an employment agency, or if joinder has been granted and the tribunal finds the claim to be well founded against both the employer and the agency, the tribunal can order any compensation it may award to be paid only by the employment agency, paid only by the employer or divided between the two.

Blacklisting

An individual – the claimant – can also bring a claim over refusal of employment or the services of an employment agency because they are on a blacklist.

If either the claimant or employer/employment agency believes that another individual or organisation was involved in blacklisting the claimant, they can ask the tribunal to join the other – eg the distributor, compiler or user of the blacklist – as a party to the proceedings.

A tribunal will grant such a request if it is made before the hearing begins. However, the tribunal may refuse the request if it is not made until after the start of the hearing. This ‘request for joinder’ cannot be made after the tribunal has decided whether or not the claim was well founded.

If a claimant brings a claim against both an employer and an employment agency or if joinder has been granted and the tribunal finds the claim to be well founded against both the employer and the agency, the tribunal can order any compensation it may award to be paid only by the employment agency, paid only by the employer or divided between the two.

An individual who thinks that they have been blacklisted or refused employment or the services of an employment agency because they are included on a blacklist can also bring a claim for damages in the courts.

Pressure exerted by a trade union or other person

If the prospective employer or employment agency claims that they were induced to act unlawfully by pressure exerted on them by a trade union or other person – eg by threatening or organising industrial action – they can ask the employment tribunal to join the trade union or other person as a party to the proceedings.

The claimant can also ask that a trade union or other person be joined as a party to the proceedings if they believe that they induced the employer or employment agency by these means to act unlawfully.

A tribunal will grant such a request for joinder – made by either the prospective employer/employment agency or the claimant – if the request is made before the hearing begins. However, the tribunal may refuse the request if it’s made after the start of the hearing.

A request for joinder cannot be made after the tribunal has decided whether or not the claim was well-founded.

Where a trade union or other person has been joined to the proceedings and the tribunal finds the claim to be well-founded, it will also consider whether pressure was exerted on the prospective employer or employment agency, as alleged.

If the tribunal finds that such pressure was exerted, it can order the trade union or other person to pay some or all of any compensation it may award.

Remedies for unlawful refusal of employment or the services of an employment agency

If a tribunal finds that an individual has been unlawfully refused employment or the services of an employment agency because of their membership or non-membership of a trade union, it will make a declaration to that effect.

The tribunal may also:

• award the claimant compensation to be paid by the prospective employer and/or employment agency
• recommend that the prospective employer or employment agency takes action to remedy the adverse effect of their unlawful refusal on the claimant, eg by recommending that the employer considers the claimant for a job vacancy

Compensation

The tribunal will assess and award compensation as it sees fit. It may include compensation for injury to feelings.

In cases where a claim is made and upheld against a party and they fail without reasonable justification to comply with a recommendation to take action, the tribunal may increase its award of compensation, or make an award if it has not already done so.

The amount of compensation payable, including any additional compensation awarded for failure to comply with a recommendation, is subject to an upper limit.

For the current compensation limits, see our table of current tribunal compensation limits- Opens in a new window.

For more information on tribunal claims in general, see our guide on employment tribunal claims – the basics.

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Trade union membership rights in the workplace

You must not treat employees and other workers unfairly on the grounds of trade union membership or non-membership, or because they are included on a prohibited list which contains information about trade union members or activists (called a blacklist). Unfair treatment includes dismissal and subjecting a worker to a detriment.

What is meant by the term ‘trade union’?

The term ‘trade union’ includes:

• any trade union
• a particular trade union
• any branch or section of a trade union
• one of a number of particular trade unions
• a particular branch or section of a trade union
• one of a number of particular branches or sections of a trade union

What is meant by the term ‘detriment’?

A person can be subjected to a detriment through either an act or a deliberate decision not to act by an employer. Whether a worker has suffered a detriment is for an employment tribunal to decide.

Examples of a detriment include withholding a pay increase, discrimination in promotion, transfer or training opportunities, or threats of dismissal. For a worker who is not an employee, a detriment could also be ending their employment.

In addition, a detriment could be the failure to confer a benefit on a person who failed to accept an unlawful inducement which would have been conferred on them had they accepted the offer.

For example, if an employer offered £1,000 to workers with the sole or main purpose of inducing them to give up their trade union membership, any worker who did not accept that offer and was therefore not paid the £1,000 would have been subjected to a detriment of £1,000.

Right not to belong to a trade union

No person has to join, or remain a member of, a trade union.

All employees have the right:

• not to be dismissed, or selected for redundancy, for not belonging to a trade union or for refusing to join one
• not to be dismissed, or selected for redundancy, for failing to accept an offer made by their employer with the sole or main purpose of inducing them to be or become a trade union member

In addition, all employees and other workers have the right:

• not to be subjected to a detriment by their employer for not being or refusing to become a trade union member
• not to be made an offer by their employer where the sole or main purpose of the employer is to induce them to be or to become a trade union member
• not to be subjected to a detriment for failing to accept such an offer

Right not to make payments in lieu of union membership

Employees have the right not to be dismissed for refusing to make a payment, eg to a union or a charity, in lieu of union membership or for objecting to their employer deducting a sum of money from their pay to make such a payment.

Employees and other workers have the right not to have other action taken by their employer to force them to make such a payment. If their employer deducts a sum of money from their pay, this counts as action to force them to make such a payment.

Right to belong to a trade union

All employees have the right:

• not to be dismissed, or selected for redundancy, for being a member of an independent trade union or for proposing to become a member
• not to be dismissed, or selected for redundancy, for failing to accept an offer made by their employer with the sole or main purpose of inducing them not to be or become a trade union member

In addition, all employees and other workers have the right:

• not to be subjected to a detriment by their employer, the aim of which is to prevent or deter them from belonging to an independent trade union or from seeking to become a member, or to penalise them for doing so
• not to be made an offer by their employer where the sole or main purpose of the offer is to induce them not to be or seek to become a member
• not to be subjected to a detriment for failing to accept such an offer
• not to be blacklisted for belonging to a trade union

Right of complaint to an employment tribunal

Individuals who think that any of their rights as set out above have been infringed can make an employment tribunal claim. For more information, see the page in this guide on employment tribunal claims for discrimination against workers on trade union membership grounds.

Individuals who think that they have been blacklisted, or treated unfairly because they are included on a blacklist, can also bring a claim for damages in the courts.

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Employment tribunal claims for discrimination against workers on trade union membership grounds

Individuals who think that any of their rights as set out in trade union membership rights in the workplace have been infringed can make an employment tribunal claim.

If an employee has been dismissed – including cases where they have been dismissed on grounds of redundancy – their claim is one of unfair dismissal.

If an employee or other worker considers that they have been subjected to a detriment by an act, or deliberate failure to act, by their employer, their claim is one of detriment.

For the detriment to be unlawful, the person must have been subjected to it with the intention of putting pressure on them in respect of non-membership or membership of a union, or for the other unlawful purposes relating to failure to accept unlawful inducements.

If a worker believes that you have made an unlawful inducement relating to trade union membership as described above, their claim is one of unlawful inducement.

Pressure exerted by a trade union or other person

An employer who faces a claim of unfair dismissal may have dismissed the employee concerned as a result of pressure applied by a union or other person because the employee was not a member of a trade union. The pressure could be in the form of actual or threatened industrial action.

If the employer or the employee making the complaint claims this is so, either of them may make a request to the tribunal for the union or other person concerned to be joined – ie brought in as a party – to the proceedings.

A request by either an employer or a dismissed employee for a trade union or other person in unfair dismissal proceedings to be joined in this way, will be granted by the tribunal if it is made before the hearing begins. However, the tribunal may refuse the request if it’s made after the start of the hearing.

If the tribunal finds the dismissal unfair and the claim of pressure well founded, it may make any award of compensation wholly or partly against the union or other person concerned instead of – or as well as – against the employer.

Blacklisting

A worker may bring a claim for unfair dismissal or detriment because they are on a blacklist.

If the claimant or employer/employment agency believes that another individual or organisation was involved in blacklisting the claimant, then they may ask the tribunal to join the other – eg the distributor, compiler or user of the blacklist – as a party to the proceedings.

Compensation

The compensatory awards for the claims in relation to union membership, non-membership and unlawful inducements vary. For more information, see our table of current tribunal compensation limits- Opens in a new window.

Note that in cases where a worker makes a related claim to the tribunal concerning detriment and the tribunal upholds that claim

Status of contractual changes resulting from unlawful inducements

If a worker has accepted an unlawful inducement, but any consequent agreement by them to vary their terms and conditions has not yet been effected, the agreement to vary the terms and conditions is not enforceable.

In such circumstances, the employer cannot recover any cash paid or other benefits conferred on the worker concerned.

However, in cases where the agreed variation of terms and conditions has been effected, those variations are enforceable.

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Rights of workers relating to trade union activities and services

You mustn’t treat employees and other workers unfairly on the grounds that they have taken part in the activities of the trade union which they belong to or have made use of their union’s services at an appropriate time.

Unfair treatment includes dismissal and subjecting a worker to a detriment.

What is meant by the term ‘trade union’?

The term ‘trade union’ includes:

• any trade union
• a particular trade union
• any branch or section of a trade union
• one of a number of particular trade unions
• a particular branch or section of a trade union
• one of a number of particular branches or sections of a trade union

What is meant by the term ‘detriment’?

Detriment can be either an act or a deliberate decision not to act by an employer. Whether an employee or other worker has suffered a detriment is for a tribunal to decide.

Examples of a detriment would be withholding a pay increase, discrimination in promotion, transfer or training opportunities, or threats of dismissal. For a worker who is not an employee, detriment could also take the form of their dismissal.

In addition, a detriment could be the failure to confer a benefit on a person who failed to accept an unlawful inducement which would have been conferred on them had they accepted the offer.

For example, if an employer offered £1,000 to workers not to take advice from their union, any worker who did not accept that offer and were therefore not paid the £1,000 would have been subjected to a detriment of £1,000.

Right to take part in trade union activities

All employees have the following rights relating to their trade union activities:

• Not to be dismissed or selected for redundancy, for taking part – or proposing to take part – in the activities of an independent trade union at an appropriate time.
• Not to be dismissed or selected for redundancy because they failed to accept an offer made by their employer. The sole or main purpose of the offer must be to induce them not to take part in the activities of an independent trade union at an appropriate time.

In addition, all employees and other workers have the right:

• not to be subjected to a detriment by their employer to prevent or deter them from taking part in trade union activities at an appropriate time, or to penalise them for doing so
• not to be made an offer by their employer, the sole or main purpose of which is to induce them not to take part in an independent trade union’s activities at an appropriate time 
• not to be subjected to a detriment for failing to accept such an offer

The kinds of union activity a worker may take part in are not set out in law. However, union activities involving a worker acting on behalf of the union would be covered, eg a shop steward representing a union that is recognised for collective bargaining purposes or activities connected with the election or appointment of union officials.

Right to make use of trade union services

All employees have the following rights relating to the use they make of their union’s services:

• not to be dismissed, or selected for redundancy, for making use, or proposing to make use, of the services of an independent trade union at an appropriate time
• not to be dismissed, or selected for redundancy, because they failed to accept an offer made by their employer, the sole or main purpose of which was to induce them not to use the services of an independent trade union at an appropriate time

In addition, all employees and other workers have the right:

• not to be subjected to a detriment by their employer to prevent or deter them from using their union’s services at an appropriate time or to penalise them for doing so
• not to be made an offer by their employer, the sole or main purpose of which is to induce them not to make use of an independent trade union’s services at an appropriate time
• not to be subjected to a detriment by their employer for failing to accept such an offer

‘Trade union services’ are services made available to an employee or other worker by virtue of their membership of an independent trade union. They include the union agreeing to raise a matter on behalf of the employee or other worker by, for example, writing to the employer about a grievance.

However, such services do not include having a member’s terms and conditions determined by collective agreement.

The ‘appropriate time’ for the union member to take part in union activities or to make use of their union’s services is time either:

• outside the member’s working hours – this could cover activities which take place or services which are used when the person is on the employer’s premises but not actually required to be working, eg during lunch breaks 
• within the member’s working hours where the employer has agreed that the worker may take part in trade union activities or use the trade union’s services

Rights to reasonable time off for trade union duties and activities also exist where an employer recognises a union for collective bargaining. For more information on collective bargaining, see our page on meaning and types of trade union recognition in our guide on recognising a trade union – the issues.

Right of complaint to an employment tribunal

Individuals who think that any of their rights as set above have been infringed can complain to an employment tribunal. See the page in this guide on employment tribunal claims for discrimination relating to trade union activities and services.

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Employment tribunal claims for discrimination relating to trade union activities and services

Individuals who think that any of their rights as set out in the page in this guide on the rights of workers relating to trade union activities and services have been infringed can complain to an employment tribunal.

If an employee has been dismissed – including cases where they have been dismissed on grounds of redundancy – their complaint is one of unfair dismissal.

If employees or other workers consider that they have been subjected to a detriment by an act, or deliberate failure to act, by their employer, their complaint is one of detriment.

If employees or other workers consider that you have made an unlawful inducement relating to trade union activities and services, their complaint is one of unlawful inducement.

Compensation

The compensatory awards for the claims in relation to dismissal, detriment and unlawful inducements vary. For more information on tribunal compensation – and tribunal claims in general – see our guide on employment tribunal claims – the basics.

Note that in cases where an employee or other worker makes a related complaint to the tribunal concerning detriment, and the tribunal upholds that complaint, the tribunal may award compensation for the detriment suffered.

In deciding the amount of such compensation, a tribunal may not make a reduction on the ground that a complainant:

• contributed to their loss by accepting or not accepting an unlawful inducement
• has received or is entitled to an award on the grounds that an unlawful inducement has been made to them

Status of contractual changes resulting from unlawful inducements

If an employee or other worker accepts an unlawful inducement, but any consequent agreement by them to vary their terms and conditions has not yet been effected, the agreement to vary the terms and conditions is not enforceable.

Also, in such circumstances, the employer cannot recover any cash paid or other benefits conferred on the employer or worker concerned.

However, in cases where the agreed variation of terms and conditions has been effected, those variations are enforceable.

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Time-off rights for union officials and members

Trade union officials and members have rights to time off under certain circumstances. The time off may or may not be paid.

The right to paid time off for union duties

You must give an employee who is an official of a recognised union reasonable paid time off:

• to carry out their union duties
• for training related to union duties

A trade union official’s typical duties may include:

• recruiting, organising and representing members of a trade union, either individually or collectively
• attending meetings with members of the workforce and management
• accompanying workers to disciplinary and grievance hearings
• negotiating with the employer on terms and conditions of employment or matters of discipline

The right to time off for union activities

You must give union officials and members reasonable unpaid time off for carrying out union activities.

Such activities might include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Right of complaint to an employment tribunal

Individuals who think that any of these rights have been infringed can complain to an employment tribunal.

If the tribunal finds the complaint well founded, it will make a declaration to that effect and award compensation as it sees fit.

In cases where the employer has failed to pay the employee for the time off, it will order the employer to pay the amount due.

For more information on tribunal claims, see our guide on employment tribunal claims – the basics.

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Rights of union learning representatives

Union learning representatives (ULRs) have the same status as union officials and are allowed paid time off to carry out their duties.

Union learning representatives are:

• representatives of a recognised union who provide advice to union members about their training, educational and developmental needs
• elected or appointed in accordance with the union’s rules
• trained in line with statutory training conditions
• notified to the employer in writing

Rights of ULRs

ULRs have a legal right to reasonable paid time off during working hours to carry out their duties, which may include:

• undertaking relevant training
• analysing the learning or training needs of union members
• providing information and advice on learning or training
• arranging learning or training
• consulting the employer about learning and training
• preparing for the above

The law does not assign a negotiating role to ULRs. However, some employers have voluntarily negotiated learning agreements with their ULRs.

Advantages for employers

ULRs can be a source of expert advice. They cost you comparatively little and can help with identifying the training needs of staff and encouraging a learning culture within the company.