Rights to trade union membership

Rights of trade union members and non-members

Employees have the legal right not to be penalised on the grounds of trade union membership or non-membership.

Employers cannot legally:

• refuse to employ an individual because they are, or want to be, a member of a trade union
• refuse to employ an individual because they do not, or do not want to, belong to a union
• dismiss or make redundant employees for belonging to a union or refusing to join one - see our guide on how to prevent discrimination and value diversity
• penalise an employee, eg by refusing or failing to offer promotion or training because of their membership of a trade union

Whilst employers may choose to voluntarily recognise a trade union, they may be compelled to do so in some circumstances if this is the wish of the majority of their workforce.

Rights to time off

Members of a recognised trade union have rights to reasonable time off to take part in trade union activities at an appropriate time. Download the Code of Practice for time off for trade union duties and activities from the Acas website (PDF). 

The activities must relate to matters where the union is recognised by the employer. However, industrial action does not count as a union activity.

An appropriate time may be either outside a union member's normal working hours, or during working hours if the employer has agreed. The time is unpaid.

Reasonable time off normally means time off that is reasonable in all the circumstances of the business, including the effect of the employee's absence on the business.

For the additional rights of union officials with regards to time off, see the page in this guide on the rights of union officials.

Right of complaint

Employees can complain to an employment tribunal if they think that they have been unlawfully refused employment or have been penalised in some other way because of their membership or non-membership of a trade union. They can also complain if they think they have been dismissed for union activities, membership or non-membership or if they have not been permitted reasonable time off for union activities. Trade union officials have additional protection for carrying out their union duties.

Employers may choose not to recognise a trade union but may be compelled to do so in some circumstances if sufficient numbers of their employees want them to.

Subjects covered in this guide

• Introduction
• Rights of trade union members and non-members
• Rights of union officials
• Rights of union learning representatives
• Rights of various employee representatives

 

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