- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (13/09/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 13/09/2017.
Trade Union and Labour Relations (Consolidation) Act 1992, Section 174 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F2conduct 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.
[F3(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).]
[F4(4C)Conduct which consists in an individual's being or having been a member of a political party is not conduct falling within subsection (4A) if membership of that political party is contrary to—
(a)a rule of the trade union, or
(b)an objective of the trade union.
(4D)For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's being a member of a political party, an objective is to be disregarded—
(a)in relation to an exclusion, if it is not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
(b)in relation to an expulsion, if it is not reasonably practicable for the objective to be ascertained by a member of the union.
(4E)For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's having been a member of a political party, an objective is to be disregarded—
(a)in relation to an exclusion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
(b)in relation to an expulsion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a member of the union.
(4F)Where the exclusion or expulsion of an individual from a trade union is wholly or mainly attributable to conduct which consists of an individual's being or having been a member of a political party but which by virtue of subsection (4C) is not conduct falling within subsection (4A), the exclusion or expulsion is not permitted by virtue of subsection (2)(d) if any one or more of the conditions in subsection (4G) apply.
(4G)Those conditions are—
(a)the decision to exclude or expel is taken otherwise than in accordance with the union's rules;
(b)the decision to exclude or expel is taken unfairly;
(c)the individual would lose his livelihood or suffer other exceptional hardship by reason of not being, or ceasing to be, a member of the union.
(4H)For the purposes of subsection (4G)(b) a decision to exclude or expel an individual is taken unfairly if (and only if)—
(a)before the decision is taken the individual is not given—
(i)notice of the proposal to exclude or expel him and the reasons for that proposal, and
(ii)a fair opportunity to make representations in respect of that proposal, or
(b)representations made by the individual in respect of that proposal are not considered fairly.]
(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 [F5employment tribunal].]
Textual Amendments
F1Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s. 14; S.I. 1993/1908, art. 2(2), Sch. 2
F2Words 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)
F3S. 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)
F4S. 174(4C)-(4H) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 19(2), 22(f); S.I. 2009/603, art. 2 (with art. 3, Sch. paras. 5-7)
F5Words 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)
C1S. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys