Dismissals and trade union membership 


Section 152 of 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 (which may be recorded, for example, in a facility agreement). 


A management-grade employee who was also a rep was automatically unfairly dismissed under section 152, TULRCA for advising new employees during an induction session that their only safeguard lay with the union (Burgess v Bass Taverns Ltd [1995] EWCA Civ 40). 


“Activities’ should be interpreted broadly (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 184, Chapter 6).


As long as the employee is not being dishonest, acting in bad faith, or carrying out activities for some purpose completely unrelated to the trade union, the manner in which those activities are carried out should be irrelevant to the question whether they are “trade union activities” (Bass Taverns Limited v Burgess [1995] EWCA Civ 40, Mihaj v Sodhexho [2014] UKEAT 0139/14). 


Employees are protected by section 152, TULRCA if they are dismissed for asking for union assistance in relation to their employment (Speciality Care v Pachela [1996] IRLR 248). 


They are also protected if dismissed for refusing the offer of an inducement not to join a trade union or to engage in lawful union activities, or to stop having their terms negotiated through collective bargaining in breach of section 145(A) or (B) of TULCRA (see Chapter 5).


Any conduct or action by the employee that relates to the employer’s demand that the employee cease to be a member of a union, participate in union activities or access union services must be disregarded when assessing contributory fault (section 155, TULRCA).


Anyone dismissed for trade union reasons should immediately seek the support of their union to use the interim relief procedures in section 161, TULRCA. This must be done within seven days of dismissal. For information on making an interim relief application, see Chapter 5.