LRD guides and handbook October 2015

Bullying and harassment at work - a guide for trade union reps

Chapter 2

Trade union victimisation

[ch 2: page 34]

Under section 146 of the Trade Union and Labour Relations Consolidation Act 1992 (TULRCA), employees and workers have the right to protection from victimisation for:

• taking part in or proposing to take part in the activities of an independent trade union at an appropriate time;

• making use of trade union services at an appropriate time; and

• being a trade union member.

Trade union members who are employees (as opposed to workers) are also protected from dismissal or selection for redundancy because of trade union membership or taking part in union activities at an appropriate time.

An appropriate time is outside working hours or within working hours with the employer’s consent (section 146(2) TULRCA).

Organising to promote recognition is also specifically protected. It is unlawful to subject a worker to a detriment or dismissal for promoting recognition or derecognition of a trade union as long as the worker’s actions are “not unreasonable” (Schedule A1 Part VIII paras 156-161, TULRCA).

Examples of victimisation

Over recent months several unions have reported that their reps have been victimised after taking part in strike action or other union activity.

For example, in July 2014 RMT members at Sodexo voted in favour of industrial action in defence of RMT rep Petrit Mihaj. An employment tribunal ruled that he had been unfairly dismissed for his trade union activities: supporting, organising and representing RMT members at Sodexo.

In December 2014 firefighters union FBU members called for their “bullied and victimised colleague” Ricky Matthews to be reinstated. The FBU says that Buckinghamshire and Milton Keynes Fire and Rescue Service sacked its executive council member with more than 17 years’ service “for taking lawful industrial action” during a four-day strike over the government’s changes to firefighter pensions.

FBU general secretary Matt Wrack said: “Ricky was sacked for taking part in lawful strike action by a fire service that has a history of bullying and intimidating firefighters and union members. His sacking is an attack on every firefighter and their right to organise in the workplace to secure better conditions and a better public service.” The union is backing his tribunal case.

And National Gallery PCS rep Candy Udwin was sacked following strike action by gallery workers whose jobs, looking after the security of paintings and millions of visitors, are being privatised. Udwin was accused of breaching commercial confidentiality and suspended soon after a meeting with the employer at the Acas conciliation service in February 2015. The dispute ended in October 2015 after the union reached agreement with the gallery and contractor Securitas resulting in protection of terms and conditions and a return to work for Udwin.

There is more detailed information on these rights in LRD’s annual employment law guide Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1771).