Labour Research September 2005

Law Queries

Protection for union members

Q: A union member has been rejected twice for promotion for no good reason. She thinks it is because of her union membership. Is there any action she can take?

A: She can bring a claim for "action short of dismissal" under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. This protects all union members (not just reps) from being subjected to a detriment on grounds of their union membership or activities.

The claim must be brought within three months of the refused promotion, but she must follow the employer's grievance procedure first. Compensation can include loss of potential earnings plus an award for injury to feelings.