Dismissals and trade union membership

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 to take part in its activities at an appropriate time. An appropriate time is:

• outside working hours; or

• during working hours with the employer’s consent (Dahou v Serco Limited [2014] UKEAT 0027/14/1408).

A management-grade employee, who was also a rep and was dismissed for advising new employees that their only safeguard lay with the union, was unfairly dismissed under this section (Burgess v Bass Taverns Ltd [1995] EWCA Civ 40).

The manner in which trade union activities are carried out is irrelevant when it comes to deciding whether they are trade union activities, unless the way in which they are carried out is dishonest, in bad faith, or carried out for some other purpose completely unrelated to trade union activities (Bass Taverns Limited v Burgess [1995] EWCA Civ 40, Mihaj v Sodhexho [2014] UKEAT 0139/14).

“Activities” must not be read restrictively (BA v Francis [1981] ICR 278). It includes taking part in union meetings. However, it does not include taking part in industrial action (see Dismissal while on strike, page 265).

Employees are protected by section 152 of 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 use the interim relief procedures in section 161 of TULRCA. This must be done within seven days of dismissal. For information on making an interim relief application, see page 127 of Chapter 5 (Victimisation).