Individual rights arising from union membership

This subtopic considers various rights that arise from or in relation to trade union membership.

Employment rights

An employee or prospective employee has a number of rights relating to their employment that arise as a result of their union membership status:

  1. the right not to be refused employment because they are, or are not, a union member

  2. the right not to be subjected to any detriment by their employer for the purpose of preventing or deterring them from becoming or from ceasing to be a union member

  3. the right not to be dismissed because they are or are not a union member

For more information, see Practice Note: Employment rights and trade unions.

Rights relating to activities involving unions

Time off for union-related activities

Trade union officials are entitled to reasonable paid time off during working hours to undertake certain specified trade union duties.

Similarly, union learning representatives are entitled to reasonable paid time off during working hours for certain specified learning and training purposes.

Any union member is entitled to take reasonable time off during working hours for

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Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026

Immigration analysis: On 6 March 2026, the Home Office issued new versions of each of the three principal Worker and Temporary Worker Sponsor Guidance documents, as well as of other Sponsor Guidance documents including Appendix D (on retaining documents) and the Sponsor a Skilled Worker guidance. We have set out below a detailed list of all of the substantive changes, as well as other wording changes which the Home Office appears to have made to focus sponsors’ minds on recent operational concerns, in light of the current significant increase in compliance checks and enforcement (eg around salary underpayment). One important change is the replacement of the ‘genuine vacancy’ concept with the newly defined term ‘eligible role’, now contained in a new standalone glossary document. The new four-limbed definition embeds skill, salary and route requirements, compliance with wider employment law, and proportionality to the sponsor’s business model into a continuing test that must be met throughout sponsorship. Other operational-related changes include around illegal working requirements, and reinforcing the importance of Certificate of Sponsorship details matching the work actually undertaken (or reporting permitted changes). The wording around the standard of proof for the enforcement threshold in some cases has also been amended to ‘reasonable suspicion’, presumably as an attempt to expand the Home Office’s discretion to refuse, suspend or revoke licences. Other suitability/compliance amendments relate to concerns about dishonesty, salary inflation or risks to the integrity of the sponsorship system. At the same time, the guidance emphasises that participation in the sponsorship scheme (now formally termed a ‘scheme’) is voluntary and that a licence is granted and held at the Home Office’s discretion. There is also an increased focus on worker welfare and compliance with wider UK law, including a new requirement to inform sponsored workers of their employment rights and retain evidence of having done so. It had been anticipated that further guidance would be included on when and how employers are permitted to ‘claw back’ some immigration costs in circumstances where a sponsored worker leaves their employment early, but there were no more changes made on this aspect in the new guidance.

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