TUPE - a union rep’s guide to using the law (November 2017)

Chapter 5

Statutory protection

[ch 5: page 42]

Union reps and employee representatives (including election candidates, even if unsuccessful) have statutory protection from unfair dismissal or any detriment connected with their role. Protection against detriment is guaranteed under section 146, TULRCA for trade union reps in recognised workplaces, and under section 47, ERA 96 for other representatives.

Dismissal wholly or mainly for acting or standing as a rep is automatically unfair. No service is needed (section 152, TULRCA and section 103, ERA 96).


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