Protection of union members

Under section 137 of TULRCA, there is a statutory right not to be refused work on the grounds of membership or non-membership of a union or because of a refusal to leave or join a union. The EAT has held that a refusal to hire a known trade union activist, because he was believed to be “uncooperative and anti-management”, came within the definition of discriminatory action on the grounds of union membership (Harrison v Kent CC [1995] ICR 434).

It may be difficult to prove an allegation of refusal to hire because of an individual’s trade union membership. If a prospective employer is known to systematically exclude trade union members; refuses to process an application or makes the claimant withdraw; refuses employment or makes a spurious offer of employment; and the grounds are believed to be because the individual is (or is not) a trade union member, that person can complain to a tribunal. Complaints can also be made over advertisements or against employment agencies that seek similarly to exclude claimants (section 138, TULRCA). Compensation can include a sum for injury to feelings.