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Employees

Your right to join (or not to join) a trade union

Employers or employment agencies are not allowed to treat you unfairly because you belong or do not belong to a union, or because you refuse to join or decide to leave one. In general, the choice is yours, and it's unlawful for an employer or employment agency to treat you unfairly whatever you decide.

The right to belong to a trade union

You have the right to join or remain a member of a trade union if you wish to do so. In Northern Ireland, however, there may be restrictions on which union you can join. 

Your employer shouldn't treat you unfairly because you belong to a trade union, (for example, by refusing you promotion or training opportunities). And they shouldn't try to persuade you to stop being a union member by offering you, for example, better conditions of employment for giving up membership.

You have the right not to be dismissed or, if you're an employee, selected for redundancy for being a union member or refusing to leave your union.

If you're a trade union member, you have the right, at an appropriate time, to:

  • take part in legitimate trade union activities, including having time off to do so
  • use trade union services, for example, getting legal advice on employment issues

'An appropriate time' means both time during your working hours when your employer has agreed union members may do these things and time outside your working hours.

If you choose to use either of these rights, your employer shouldn't treat you unfairly, dismiss you or make you redundant for it.

The right not to belong to a trade union

Everyone has the right not to join a trade union, or to leave a trade union if they are already a member. Your employer is not allowed to treat you unfairly if you choose to use this right. It's also unlawful for your employer to:

  • try and persuade you to join a union (eg by giving you some money)
  • force you to make payments to a union

You have the right not to be dismissed or, if you're an employee, selected for redundancy for:

  • not being a union member
  • refusing to join a union
  • refusing to  pay union membership fees or to give the money to charity instead

A 'closed shop', where everyone has to belong to a particular trade union, is not allowed by law. It's unlawful for membership of a trade union to be a condition of employment and employment agencies can't refuse to put you forward for a job because you aren't a union member.

Can a union exclude or expel you?

A trade union can exclude or expel you for a limited number of reasons, for example if:

  • membership is limited to people in a particular trade, industry or profession
  • you don't have relevant qualifications or experience
  • you don't live in the area where the union operates
  • the union is a staff association and you don't work for that employer
  • your conduct is, within limits, unacceptable to the union

In Northern Ireland these reasons apply only to expulsion; exclusion is not covered by the legislation.

Once you've joined a union, you have a general right to remain a member for as long as you want.

Most unions have complaints procedures. If you feel that your union has treated you unfairly, you should use their complaints procedures. Your union office should be able to provide you with details of the procedure. If your complaint is that you have been wrongly excluded or expelled you can complain to an Employment Tribunal (or Industrial Tribunal in Northern Ireland). If your union has broken its rules you also have the right to use the civil courts. You should take legal advice before doing this.

What to do if you have problems with your employer

If you are being denied your rights, talk to your employer first of all. If you're still unhappy, you have the right to complain to an Employment Tribunal if:

  • your employer forces you to join or leave a trade union
  • your employer makes you pay a union subscription
  • your employer treats you unfairly or sacks you for being or not being a trade union member
  • your employer treats you unfairly or sacks you for joining or not joining a trade union
  • you have been refused employment or refused the services of an employment agency for being or not being a union member

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union you can get help, advice and support from them

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