Protection of union members

Under section 137 of TULRCA, there is a statutory right not to be refused work because of membership or non-membership of a union, or because of a refusal to leave or join a union. The EAT has held that a refusal to hire a known trade union activist because he was believed to be “uncooperative and anti-management”, came within the definition of unlawful victimisation on grounds of union membership (Harrison v Kent CC [1995] ICR 434).

Under section 138 of TULRCA, it is also unlawful for an employment agency to refuse services for trade union-related reasons.