Statutory protection for representatives

Both kinds of rep are protected against unfair dismissal or any detriment connected with their representative role. This protection extends to candidates for election, even if unsuccessful. Protection against detrimental treatment is guaranteed under section 146 of TULRCA for trade union reps in recognised workplaces, and under section 47 of the ERA 96 for all other appropriate representatives.

Protection against unfair dismissal is provided by section 152 of TULRCA for union reps and section 103 of the ERA 96 for other representatives.

Dismissal wholly or partly for acting or standing as a rep is “automatically” unfair. There is no qualifying service requirement.