Legal action by a union member

There are two potential grounds for action against a union by a member. The first is a claim for an injunction to prevent a union from encouraging or supporting unballoted industrial action (section 62, TULRCA). The basis for this kind of claim is that every member has a legal interest in union funds.

As long as industrial action is protected by the immunities, a union can spend its funds freely in support of lawful industrial action, as long as the union rules allow the expenditure.

The second kind of legal action members can bring is a claim against the union for breach of its own rules. In the context of industrial action, this could occur if, for example, the union rule book required a specific majority for a ballot, over and above the statutory threshold, which has not been fulfilled, or if the union has spent money supporting industrial action in a way that its rules do not permit.

One particular use of funds is absolutely banned to unions (but not to anyone else), namely the payment of members’ fines (section 15, TULRCA). A union that pays off a member’s fine risks legal action by another member.

In addition, it is against the law for unions to discipline workers who refuse to support or participate in industrial action (section 65(2)(a), TULRCA).