Rights to Trade Union Membership
An employee has the right to join a trade union, and should not be refused a job, dismissed, harassed or selected for redundancy because they are a member of or wish to join a trade union.
An employee also has the right not to join a trade union if they wish, and should not be refused a job, dismissed, harassed or selected for redundancy because they refused to join.
A member of a trade union has the right to take part in trade union activities, for example, recruiting members, collecting subscriptions and attending meetings.
Trade union activities must take place either outside the employee's normal working hours or at a time agreed with the employer. An employee has no right to be paid for this time off work unless their contract allows for this.
Trade union activities don't include taking industrial action, for example, going on strike. There are different rules about taking industrial action.
Victimisation
Individual members of unions have protection against victimisation by their employer. An employer must not take action short of dismissal against an employee, dismiss, or select an employee for redundancy with the purpose or effect of preventing or deterring trade union membership or activities.
An employee carrying out his trade union duties at an appropriate time who is disciplined on account of those activities, is unlawfully victimised.
Rights To Time Off
Union officials, including shop stewards, staff reps and branch secretaries of recognised unions, have the right to time off with pay (based on average hourly earnings) to carry out trade union duties. This includes the right to time off in order to attend Union training courses.
All members of recognised unions, not just representatives, have the right to reasonable time off without pay to take part in trade union activities, except for industrial action.
