Trade Unions

Employees have the right not to make payments in lieu of union membership if they do not wish to do so. There are also rules to dictate how a Trade Union may exclude or discipline a Trade Union member and protection against the unlawful deduction of Trade Union subscriptions through what is known as a 'check off' system i.e. an automatic deduction from wages. Unlawful exclusion or expulsion from a Trade Union also attracts protection under the legislation.

Employers have a degree of protection where union labour only and union recognition requirements in commercial contracts are at issue. Business is also protected where industrial action arises to promote closed shop practices, or to take action against businesses that have no union.

With regard to industrial action, there is legislation on the statutory immunities, enabling Trade Unions and individuals or organise industrial action without the fear of being sued in the courts.

In conjunction with this, legislation exists to define what is and is not a trade dispute, what constitutes a properly conducted secret ballot, the notice of industrial action required to be given to employers, laws on the issue of secondary action and unlawful picketing, and the dismissal of employees taking industrial action.

Finally, regulations to control the election to Trade Union executives and the operation of Trade Union political funds confirm the extent to which the law has intervened in Trade Union and employer relationships. Clearly the scope of the above list emphasizes the need to seek legal advice if any Trade Union related matter arises at an employer's premises.

Both employers and employees can take action to claim a remedy by an Employment Tribunal, or indeed, the civil courts if appropriate.