Trade union membership or activities
[page 81]Section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) protects employees from dismissal because they are, or propose to become, a member of an independent trade union, or for taking part in its activities.
All that needs to be shown is that the main reason for dismissal was that the employee was a union member or engaged in trade union activities at an appropriate time (Dundon v GPT [1995] IRLR 403; Cadent Gas Limited v Singh [2019] UKEAT 0024/19; University College London v Brown [2020] UKEAT 0084/19).
“Activities” must be given a broad common sense meaning (BA v Francis [1981] ICR 278; Morris v Metrolink RATP DEV Limited [2018] EWCA 1358). It includes taking part in union meetings, but it does not include taking part in industrial action.
Employees are protected by section 152, TULRCA if they are dismissed for asking for union assistance in relation to their employment (Speciality Care v Pachela [1996] IRLR 248).
Anyone dismissed for trade union reasons should immediately seek the support of their union to use the interim relief procedures in section 161, TULRCA. Any claim for interim relief must be submitted to the tribunal within seven days of dismissal and needs a certificate from the union.