Sections 152 and 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) give some limited remedy for union members who are dismissed or suffer a detriment by their employer for, among other things, “taking part in the activities of an independent trade union at an appropriate time”.
There are difficult issues in applying each element of these rights. Caselaw has held that the detriment provisions do not cover penalties imposed for taking industrial action, which arguably puts UK law in breach of the European Convention on Human Rights.
We are well placed to guide our union clients through these difficult issues and appreciate the urgency with which they need to be addressed, especially where there is to be an application for interim relief to reinstate the dismissed worker pending determination of the unfair dismissal claim, which must be made within 7 days of the dismissal supported by a certificate from an authorised union official.
For more information about how we can assist you when faced with this action by an employer please email Joy Drummond at jdm@anthonygold.co.uk or call her on 0207 940 4012
