[F1145AInducements relating to union membership or activitiesE+W+S
(1)A worker has the right not to have an offer made to him by his employer for the sole or main purpose of inducing the worker—
(a)not to be or seek to become a member of an independent trade union,
(b)not to take part, at an appropriate time, in the activities of an independent trade union,
(c)not to make use, at an appropriate time, of trade union services, or
(d)to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions.
(2)In subsection (1) “an appropriate time” means—
(a)a time outside the worker’s working hours, or
(b)a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services.
(3)In subsection (2) “working hours”, in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work.
(4)In subsections (1) and (2)—
(a)“trade union services” means services made available to the worker by an independent trade union by virtue of his membership of the union, and
(b)references to a worker’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
(5)A worker or former worker may present a complaint to an employment tribunal on the ground that his employer has made him an offer in contravention of this section.]
Textual Amendments
F1Ss. 145A-145F and preceding cross-heading inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 29, 59(2)-(4); S.I. 2004/2566, art. 3(a) (with arts. 4-8)