Trade union rights

Employees have the right not to be victimised on the grounds of their trade union duties and activities. Selecting an employee for redundancy on the grounds of the manner in which he carried out his trade union duties comes within the statutory protection. The EAT has held that provided that the behaviour which the employer objects to was carried out as a trade union activity on behalf of the union and not just a reflection of the employee's own personal position, the employee is covered by the legal protection.

* Krupp Camford Pressings v Williams EAT/397/01

The same issue was also examined in another case that looked at whether disciplinary action against an employee was based on his trade union activities. The EAT has held that tribunals dealing with such claims should ask the following questions:

* what was the purpose of the disciplinary action?

* what activities were being penalised?

* were they trade union activities? and

* where they at an appropriate time?

If the conclusion is that they were trade union activities carried out at an appropriate time then the disciplinary action amounts to victimisation.

* LB Islington v Hutchings EAT34/01