What are your rights regarding trade union membership?

- Trade union membership rights of job applicants, including protection against unlawful refusal of employment based on trade union membership grounds
- Non-discrimination rights on trade union membership grounds
- Trade union membership rights in the workplace
- Rights of workers relating to trade union activities and services
- Time-off rights for union officials and members

An employee is not obliged to be a member of a trade union. An employer cannot penalise an employee for their choice to either join, or not to join, a trade union. Similarly, for employees who are already members, they cannot be penalised for choosing to leave the union.

An employer must not treat employees unfairly on the grounds of trade union membership or non-membership. Nor can employees be treated unfairly because they have taken part in the activities of a trade union or made use of their services. Unfair treatment includes withholding a pay increase, discriminating against them in relation to training or job opportunities, or dismissing them. If you are dismissed for your trade union membership status, you may have grounds for an unfair dismissal claim in an employment tribunal. You are advised to obtain legal advice from an employment solicitor in these circumstances.

When an employer recognises a union for collective bargaining, employees gain rights to reasonable time off for trade union duties and activities. For example, trade union officials and members have rights to paid time off to carry out their union duties and for training related to their union duties. Union officials and members are also entitled to reasonable unpaid time off for carrying out union activities such as voting, discussing workplace issues with union officials, and attending workplace meetings.

If an employee believes that their rights have been breached, they can make a claim to an employment tribunal. An employment tribunal can award compensation which may include payment for time off when the employer failed to pay it as required.

The rights discussed here are only some of the rights and responsibilities surrounding trade union membership. If you need further legal advice about trade union membership rights, you should speak to an employment solicitor.

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