Employment Protection (Consolidation) Act 1978

58 Dismissal relating to trade union membership

(1) For the purposes of this Part, the dismissal of an employee by an employer shall be regarded as having been unfair if the reason for it (or, if more than one, the principal reason) was that the employee—

(a) was, or proposed to become, a member of an inde pendent trade union;

(b) had taken, or proposed to take, part at any appropriate time in the activities of an independent trade union; or

(c) had refused, or proposed to refuse, to become or remain a member of a trade union which was not an independent trade union.

(2) In subsection (1), " appropriate time" in relation to an employee taking part in the activities of a trade union means time which either—

(a) is outside his working hours, or

(b) is 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 m those activities ;

and in this subsection "working hours", in relation to an employee means any time when, in accordance with his contract of employment, he is required to be at work

(3) Dismissal of an employee by an employer shall be regarded as fair for the purposes of this Part if—

(a) it is the practice, in accordance with a union membership agreement, for employees for the time being of the same class as the dismissed employee to belong to a specified independent trade union, or to one of a number of specified independent trade unions; and

(b) the reason for the dismissal was that the employee was not a member of the specified union or one of the specified unions, or had refused or proposed to refuse to become or remain a member of that union or one of those unions;

unless the employee genuinely objects on grounds of religious belief to being a member of any trade union whatsoever, in which case the dismissal shall be regarded as unfair.

(4) For the purposes of subsection (3), a union shall be treated as specified for the purposes of or in relation to a union membership agreement (in a case where it would not otherwise be so treated) if—

(a) the Advisory, Conciliation and Arbitration Service has made a recommendation for recognition covering the employee in question which is operative within the meaning of section 15 of the [1975 c. 71.] Employment Protection Act 1975; or

(b) the union has referred a recognition issue (within the meaning of that Act) covering that employee to the Advisory, Conciliation and Arbitration Service under section 11 of that Act and the Service has not declined to proceed on the reference under section 12 of that Act, the union has not withdrawn the reference, or from the reference, and the issue has not been settled or reported on under that section.

(5) Any reason by virtue of which a dismissal is to be regarded as unfair in consequence of subsection (1) or (3) is in this Part referred to as an inadmissible reason.

(6) In this section, unless the context otherwise requires, references to a trade union include references to a branch or section of a trade union.