Trade Union and Labour Relations (Consolidation) Act 1992

[F1 174 Right 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 [F2 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.

[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 [F5 employment tribunal].]

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 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)

F3 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)

F4 S. 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)

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)