5. Union and collective organisation 





Most union and collective organisation rights are found in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), as amended. In Northern Ireland, the equivalent legislation is the Trade Union and Labour Relations (Northern Ireland) Order 1995 (TULRO), as amended. 





TULRCA defines the status of an independent trade union and sets out the role and responsibilities of the Certification Officer. TULRCA is the main source of the statutory duties owed by unions and includes duties in respect of union property, keeping accounts, submitting returns and the conduct of elections. TULRCA also set out the rights of trade unions and their members. Some rights are only available in a workplace where there is a recognised union (see page 140). Most recognition is voluntary, but TULRCA also provides a mechanism for unions to secure compulsory statutory recognition even if the employer is opposed. TULRCA is also the source of UK laws regulating industrial action (see Chapter 6). 





In 2014, TULRCA was amended by The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 to impose additional duties on unions as to membership administration, as well as new restrictions on political campaigning. These are explained on pages 170 and 174. 


TULRCA was amended again with the Trade Union Act 2016 (TUA 16), most of which came into force on 1 March 2017. The TUA 16 further increased levels of state interference in internal union administration with controls on check off, facility time and union funding explained in this Chapter. The Act also imposed extra restrictions on the right to strike (see Chapter 6). The TUA 16 has not been implemented in Northern Ireland.



In September 2017, the Welsh Assembly enacted The Trade Union (Wales) Act 2017 (TUWA) to disapply important parts of the TUA 16 in Wales. Specifically, the provisions on public service facility time (see page 155), check off (see page 172), and higher balloting thresholds for workers carrying out “important public services” (see Chapter 6) do not apply to devolved public services in Wales, that is, the NHS, education, local government and the fire service. 


The TUA 16 does apply in Scotland. Under the Scotland Act 2016, responsibility for the courts and tribunal service is devolved to the Scottish government but responsibility for substantive employment rights, including the right to strike, remains with the Westminster government. The Scottish government has made clear its opposition to the TUA 16, including by publishing government guidance on how to minimise the impact of new facility time recording duties (see page 157).




As well as duties that apply only to trade unions, unions owe duties as data controllers and processors of personal data relating to members and former members under data protection laws. For more information, see Chapter 15. Unions also owe duties as employers, membership organisations and service providers under the Equality Act 2010 (see Chapter 7).