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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PAC criticises Home Office over failures to tackle exploitation under skilled worker visa route

The Public Accounts Committee (PAC) has found that the Home Office failed to adequately address the risk of exploitation and non-compliance under the skilled worker visa scheme, particularly in the care sector. In its 4 July 2025 report, the PAC criticises the department for failing to prevent abuse following the scheme’s 2022 expansion to support adult social care, highlighting serious weaknesses in safeguarding, compliance monitoring, and tracking of visa expiries. While the expansion helped alleviate workforce shortages during the pandemic, it also exposed migrant workers to exploitation, with evidence submitted to the inquiry detailing cases of debt bondage, excessive working hours and poor living conditions. Despite early signs of abuse, the Home Office was slow to respond and does not hold data on how many visa holders have been identified as potential victims of modern slavery. The PAC further found that the department lacks key data on visa compliance, including whether workers leave the UK at the end of their stay, are re-sponsored, or remain unlawfully, and has not analysed exit check data since the route’s introduction. In light of the recent decision to end overseas recruitment for care workers, the PAC warns of further risks unless cross-government workforce strategies are coordinated and calls for a joined-up approach to tackling exploitation and addressing domestic skills shortages.

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