Trade Union Rights

Every worker in Great Britain has the legal right to join the trade union of their choice under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Your employer cannot prevent you from joining a union, require you to leave a union as a condition of employment, or offer inducements for you not to join or remain in a union.

You cannot be:

• Dismissed for being a trade union member or for taking part in union activities at an appropriate time
• Selected for redundancy because of union membership or activities
• Subjected to any detriment — for example, being denied training, promotion, or favourable treatment — because of union membership

These protections apply from day one of employment, with no qualifying period. They also apply to dismissed employees who were not yet employed — you cannot be refused a job because of your union membership.

Where a trade union is recognised by an employer, it has the right to bargain collectively on behalf of its members — negotiating pay, hours, holidays, and other terms. Recognition can be voluntary (agreed by the employer) or statutory (imposed through a legal process if the union has sufficient support among the workforce).

Under the statutory recognition procedure in Schedule A1 to TULRCA, a union can apply to the Central Arbitration Committee (CAC) for recognition if it represents at least 10% of the proposed bargaining unit and can show majority support. The process involves a ballot of the relevant workers.

Once a union is recognised, the employer must disclose certain information for collective bargaining purposes and must consult with the union on matters affecting its members. The employer cannot unilaterally change terms and conditions of employment that are subject to collective bargaining without negotiating with the union.

Trade union representatives and members have specific rights to time off under TULRCA:

• Trade union officials (lay reps, shop stewards): Have the right to paid reasonable time off during working hours to carry out trade union duties (negotiating with the employer, representing members at disciplinary hearings) and to receive training for those duties.
• Trade union members: Have the right to unpaid reasonable time off during working hours to participate in trade union activities — for example, attending union meetings or voting in union elections.

What is "reasonable" depends on all the circumstances, including operational requirements and the nature of the union activity. Employers cannot unreasonably refuse time off for trade union duties or activities.

The right to be accompanied by a trade union rep (or colleague) at a disciplinary or grievance hearing — which applies to all workers, whether union members or not — is a separate right under the Employment Relations Act 1999.