Q&As

When it comes to protection against detriment for taking part in trade union activities under the section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992), what type of activities are defined as ‘trade union activities’, and will trade union activities that have been held to fall within the scope of the protection against unfair dismissal under TULCRA 1992, s 152(1)(b) also be protected in the context of a s 146 detriment claim?

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Published on LexisPSL on 05/05/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • When it comes to protection against detriment for taking part in trade union activities under the section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992), what type of activities are defined as ‘trade union activities’, and will trade union activities that have been held to fall within the scope of the protection against unfair dismissal under TULCRA 1992, s 152(1)(b) also be protected in the context of a s 146 detriment claim?

When it comes to protection against detriment for taking part in trade union activities under the section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992), what type of activities are defined as ‘trade union activities’, and will trade union activities that have been held to fall within the scope of the protection against unfair dismissal under TULCRA 1992, s 152(1)(b) also be protected in the context of a s 146 detriment claim?

A worker or prospective worker has a number of rights that arise as a result of trade union membership status, including protection against detriment on grounds related to union membership or activities.

In particular, it is unlawful for an employer to subject a worker to any detriment by any act or deliberate omission where the sole or main purpose is:

  1. to prevent or deter them from taking part in the activities of an independent trade union at an appropriate time, or to penalise them for doing so

  2. to prevent or deter them from making use of trade union services at an appropriate time, or to penalise them for doing so

A parallel right specifically aimed at protecting employees from detriment in the form of dismissal is provided for in TULR(C)A 1992, s 152(1). An employee will be regarded as having been automatically unfairly dismissed, if the principal reason for their

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