Employment Act 1982 (repealed)

Union membership or recognition requirements in contractsE+W+S

12 Prohibition on union membership requirements. E+W+S

(1)Any term or condition of a contract for the supply of goods or services is void in so far as it purports—

(a)to require that the whole, or some part, of the work done for the purposes of the contract is to be done only by persons who are not members of trade unions or not members of a particular trade union; or

(b)to require that the whole, or some part, of such work is to be done only by persons who are members of trade unions or members of a particular trade union.

(2)A person contravenes this subsection if, on the ground of union membership, he—

(a)fails, in a case where he maintains (in whatever form) a list of approved suppliers of goods or services or a list of persons from whom tenders for the supply of goods or services may be invited to include the name of a particular person in that list;

(b)terminates a contract for the supply of goods or services; or

(c)does, in relation to a proposed contract for the supply of goods or services, any of the acts mentioned in subsection (3) below.

(3)The acts are—

(a)excluding a particular person from the group of persons from whom tenders for the supply of the goods or services are invited;

(b)failing to permit a particular person to submit such a tender;

(c)otherwise determining not to enter into a contract with a particular person for the supply of the goods or services.

(4)For the purposes of subsection (2)(a) above a person (the “first person”) fails to include the name of another person (the “supplier”) in a list, on the ground of union membership, if the ground, or one of the grounds, for failing to include his name is either—

(a)that if the supplier were to enter into a contract with the first person for the supply of goods or services work to be done for the purposes of the contract would, or would be likely to, be done by persons who were not members of trade unions or of a particular trade union; or

(b)that if the supplier were to enter into such a contract work to be done for the purposes of the contract would, or would be likely to, be done by persons who were members of trade unions or of a particular trade union.

(5)For the purposes of subsection (2)(b) above, a person terminates a contract on the ground of union membership if the ground, or one of the grounds, for terminating it is either—

(a)that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are not members of trade unions or of a particular trade union; or

(b)that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are members of trade unions or of a particular trade union.

(6)For the purposes of subsection (2)(c) above, a person does an act on the ground of union membership if the ground, or one of the grounds, on which he does that act is either—

(a)that, if the proposed contract were entered into with the person referred to in subsection (3) above, work to be done for the purposes of the contract would, or would be likely to, be done by persons who are not members of trade unions or of a particular trade union; or

(b)that, if the proposed contract were entered into with that person, work to be done for the purposes of the contract would, or would be likely to, be done by persons who are members of trade unions or of a particular trade union.

(7)Subsection (2) above does not create an offence but the obligation to comply with it is a duty owed to each of the following—

(a)in a case falling within subsection (2)(a) above, the person referred to in subsection (4) as the supplier;

(b)in a case falling within subsection (2)(b) above, any other party to the contract;

(c)in a case falling within subsection (2)(c) above, the person referred to in subsection (3) above; and

(d)in any case, any other person who may be adversely affected by its contravention;

and any breach of that duty shall be actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).

Modifications etc. (not altering text)

13 Prohibition on union recognition requirements. E+W+S

(1)Any term or condition of a contract for the supply of goods or services is void in so far as it purports to require any party to the contract—

(a)to recognise one or more trade unions (whether or not named in the contract) for the purpose of negotiating on behalf of workers, or any class of worker, employed by him; or

(b)to negotiate or consult with, or with any official of, one or more trade unions (whether or not so named).

(2)A person contravenes this subsection if, on the ground of union exclusion, he acts in a manner falling within paragraph (a), (b) or (c) of section 12(2) of this Act.

(3)For the purposes of subsection (2) above, a person acts on the ground of union exclusion if the ground or one of the grounds for his action is that the person against whom it is taken does not, or is not likely to, recognise, negotiate or consult as mentioned in subsection (1) above.

(4)Subsection (2) above does not create an offence but the obligation to comply with it is a duty owed to each of the following—

(a)the person against whom the action is taken; and

(b)any other person who may be adversely affected by the contravention,

and any breach of that duty shall be actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).

Modifications etc. (not altering text)

14 Pressure to impose union membership or recognition requirements.E+W+S

(1)Nothing in section 13 of the 1974 Act shall prevent an act being actionable in tort in any case where a person induces, or attempts to induce, another—

(a)to incorporate in a contract to which that other person is a party, or proposed contract to which that other person intends to be a party, any term or condition which is, or would be, void by virtue of section 12(1) or 13(1) of this Act; or

(b)to contravene section 12(2) or 13(2);

and the act constitutes, or is one of a number of acts which together constitute, the inducement or attempted inducement.

(2)Nothing in section 13 of the 1974 Act shall prevent an act which interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have such an effect, being actionable in tort in any case where subsection (3) below is satisfied and one of the facts relied upon for the purpose of establishing liability is that any person has—

(a)induced another to break a contract of employment or interfered or induced another to interfere with its performance; or

(b)threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance.

[F1(3)This subsection is satisfied if—

(a)the supplier of the goods or services is not the employer under the contract of employment mentioned in subsection (2) above; and

(b)the reason, or one of the reasons, for which the act is done is the fact or belief that the supplier does not, or that the supplier might not, recognise, negotiate or consult as mentioned in section 13.]

Textual Amendments