Trade union victimisation

Guidance published by the university and college lecturers’ union UCU says: “Government changes to the way in which trade unions operate has helped to foster a climate where discrimination and the victimisation of trade union reps is taking place on a scale not seen before.”

Under section 146 of the Trade Union and Labour Relations Consolidation Act 1992 (TULRCA), employees and workers have the right to protection from victimisation for:

• taking part in or proposing to take part in the activities of an independent trade union at an appropriate time;

• making use of trade union services at an appropriate time; and

• being a trade union member.

Trade union members who are employees (as opposed to workers) are also protected from dismissal or selection for redundancy because of trade union membership or taking part in union activities at an appropriate time.

An appropriate time is outside working hours or within working hours with the employer’s consent (section 146(2) TULRCA).

Organising to promote recognition is also specifically protected. It is unlawful to subject a worker to a detriment or dismissal for promoting recognition or derecognition of a trade union as long as the worker’s actions are “not unreasonable” (Schedule A1 Part VIII paras 156-161, TULRCA).