5. UNION AND COLLECTIVE ORGANISATION

Union and collective organisation rights are principally governed by the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), which was amended by the Employment Relations Act 1999 (ERA 99) and the Employment Relations Act 2004 (ERA 04). In Northern Ireland these rights are found in the Trade Union and Labour Relations (Northern Ireland) Order 1995 (TULRO), as amended.

These lay down the status of a union and its duties in respect of keeping accounts, submitting returns and the conduct of elections, as well as setting out rights of trade unions and members.

It is unlawful for unions to enforce 100% union organisation (a closed shop). Section 222 of TULRCA states that all industrial action to enforce 100% union membership agreements or to cause an employer to discriminate against a non-member is unlawful, leaving the union at risk of legal penalties. In addition, any dismissal of a non-union member to enforce 100% membership is automatically unfair.

It is unlawful under section 145A of TULRCA for an employer to offer a worker an inducement not to join a union or take part in union activities, or to join a union or any particular union(s).

It is also unlawful (section 145B of TULRCA) for an employer to offer a worker an inducement to stop, or prevent, their terms and conditions being negotiated by a union through a collective agreement (collective bargaining). In 2006, supermarket chain Asda was ordered to pay £850,000 for offering inducements to 340 members of the GMB general union to give up their collective bargaining rights. The workers at its distribution depot in Washington, Tyne and Wear were offered a 10% pay rise in order to end collective bargaining at the site.

The amount of the award payable to a worker by an employer who has offered an inducement is £3,600 (2013-14).