Part III E+W+S Rights in relation to union membership and activities

[F1 Right to membership of trade union] E+W+S

Textual Amendments

F1 Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s.14; S.I. 1993/1908, art. 2(2), Sch.2

[F2 174Right not to be excluded or expelled from union. E+W+S

(1) An individual shall not be excluded or expelled from a trade union unless the exclusion or expulsion is permitted by this section.

(2) The exclusion or expulsion of an individual from a trade union is permitted by this section if (and only if)—

(a) he does not satisfy, or no longer satisfies, an enforceable membership requirement contained in the rules of the union,

(b) he does not qualify, or no longer qualifies, for membership of the union by reason of the union operating only in a particular part or particular parts of Great Britain,

(c) in the case of a union whose purpose is the regulation of relations between its members and one particular employer or a number of particular employers who are associated, he is not, or is no longer, employed by that employer or one of those employers, or

(d) the exclusion or expulsion is entirely attributable to [F3 conduct of his (other than excluded conduct) and the conduct to which it is wholly or mainly attributable is not protected conduct].

(3) A requirement in relation to membership of a union is “enforceable” for the purposes of subsection (2)(a) if it restricts membership solely by reference to one or more of the following criteria—

(a) employment in a specified trade, industry or profession,

(b) occupational description (including grade, level or category of appointment), and

(c) possession of specified trade, industrial or professional qualifications or work experience.

[F4 (4) For the purposes of subsection (2)(d) “excluded conduct”, in relation to an individual, means—

(a) conduct which consists in his being or ceasing to be, or having been or ceased to be, a member of another trade union,

(b) conduct which consists in his being or ceasing to be, or having been or ceased to be, employed by a particular employer or at a particular place, or

(c) conduct to which section 65 (conduct for which an individual may not be disciplined by a union) applies or would apply if the references in that section to the trade union which is relevant for the purposes of that section were references to any trade union.

(4A) For the purposes of subsection (2)(d) “protected conduct” is conduct which consists in the individual’s being or ceasing to be, or having been or ceased to be, a member of a political party.

(4B) Conduct which consists of activities undertaken by an individual as a member of a political party is not conduct falling within subsection (4A).]

(5) An individual who claims that he has been excluded or expelled from a trade union in contravention of this section may present a complaint to an [F5 employment tribunal].]

Textual Amendments

F2 Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s. 14; S.I. 1993/1908, art. 2(2), Sch. 2

F3 Words in s. 174(2)(d) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(2), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts 6-12)

F4 S. 174(4)-(4B) substituted for s. 174(4) (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(3), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F5 Words in s. 174(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 174 extended (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 33(7), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)