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Checking your rights...
Analysing your situation against UK law
Every worker in the UK has the right to join a trade union of their choice. This right is protected by the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Your employer cannot prevent you from joining, penalise you for joining, or offer you inducements not to join.
If your employer subjects you to any detriment — such as worse shifts, exclusion from meetings, or blocking promotion — because of your union membership or activities, this is unlawful under section 146 of TULRCA. You can bring a claim in the Employment Tribunal with no qualifying period.
Dismissal for joining a union or taking part in union activities is automatically unfair under section 152 of TULRCA, regardless of how long you have worked for the employer.
Recognition means your employer formally acknowledges the union for collective bargaining on pay, hours and holidays. Recognition can be voluntary (by agreement) or statutory (ordered by the Central Arbitration Committee).
For statutory recognition, at least 10% of the workers in the bargaining unit must be union members and a majority must be likely to support recognition. If your employer refuses voluntary recognition, you can apply to the CAC.
Once recognised, the union has the right to be consulted on collective redundancies, TUPE transfers and other major changes. Members also have the right to paid time off for union activities and union representatives have the right to paid facility time.
Under section 10 of the Employment Relations Act 1999, all workers have the statutory right to be accompanied at a disciplinary or grievance hearing by a trade union official or a fellow worker. This right applies even if your employer does not recognise a union.
You must make a reasonable request to be accompanied. If your chosen companion cannot attend on the proposed date, you have the right to postpone the hearing by up to 5 working days. Your employer cannot refuse a reasonable request to be accompanied — doing so is unlawful and you can bring a tribunal claim.
Your companion can address the hearing, sum up your case, respond on your behalf and confer with you, but they cannot answer questions on your behalf unless the employer agrees.
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