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EMPLOYMENT – TRADE UNIONS 2
TU RULES - *Rules were regarded as unlawful at common law
and could give rise to charges of criminal conspiracy
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11
TULR(C)A states that the rules will not be unenforceable/void as
a restraint of trade
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Rules between TU and members are contractual
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137(1) *When a person will be regarded as having
refused employment: S
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*Taking disciplinary action against a member: Power to
discipline/expel/impose fines must be contained in rules
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*TU cannot oust the jurisdiction of the courts
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* Expelled member can seek
declaration, injunction and damages from the courts
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S
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*TU blacklists: Consulting Association helped employers sort out suitability for
employment in the construction industry, with a heavy focus on trade union
membership and names of potential or actual troublemakers (over 3,000 names)
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*Rights of members & liability for TU -If rules provide right to
legal advice and none provided/negligent: TU sued for damages
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*Inducement relating to TU membership or activities – s145A – extension of
s137
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*Ability of official to act: Action by TU officials must be
contained in rules: Weakly v Amalgamated Union of
Engineering Workers
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If TU takes action which benefit majority, minority who
are not benefitted can bring action eg TU need to be mindful of
equality to their members
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146 worker protected from detriment/deliberate
failure to act by employer, if for purpose of: Deterrence/penalising because of
membership; Preventing/deterring taking part in activities at appropriate time, or
penalising; Preventing/deterring/or penalising use of TU services at appropriate
time; Compulsion to join a TU
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*Need to show that action
taken against worker as an individual
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TU GOVERNANCE
*Executive Committee - Governed by s
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Elected
by a ballot every 5 years
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*Time off work for TU duties: S
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*Accounts and records: Duty to keep accounts and records s
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* An annual financial statement must be sent to all members
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*It is like a trust
system
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170 an employer must allow member of a
recognised TU time off work to undertake relevant activities *Reasonableness
depends on the circumstances
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*Similarly, remedies against trustees - Property held on trust
by trustees
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16 provides a remedy against trustees
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*Dismissal on grounds of TU membership/activities - S
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*Employer’s have to be careful how to treat their staff in this way
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*It is possible for TU to collect political fund and political
objects - Amalgamated Society of Railway Servants v Osborne
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71-74
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* Requirement for
a ballot by all members every 10 years
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*Members can
contract out of contributing to fund
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*Labour party receives considerable funds from
TU’s hence role of TU in running of the party
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*TU under a duty to keep a register of members - S
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Rights of the members:
Confidentiality (s
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TU MEMBERSHIP
*TU will decide who is eligible to join
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Tends to be particular workforce *Cannot accept
membership from those outside class/ or create additional class
outside TU’s rules: Martin v Scottish Transport and General
Workers’ Union * Can create excluded class in rules
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Cannot
discriminate/restrict benefits on grounds of sex or race: this will
now be governed by the Equality Act 2010
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174 TULR(C)A
prevents exclusion/expulsion if this is against statute
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Must follow fair procedure; *TU supports
industrial action but unprotected (s219 excludes these)
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This is worse case for members, as a lot of time it transpires after strike
that what they were doing was unprotected, and subsequently they are lawfully
dismissed*; official protected strike and the protection afforded to members under
s238A
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