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Trade Union and Labour Relations (Consolidation) Act 1992

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Changes over time for: Section 146

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Version Superseded: 01/10/2004

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Point in time view as at 25/10/1999. This version of this provision has been superseded. Help about Status

Changes to legislation:

Trade Union and Labour Relations (Consolidation) Act 1992, Section 146 is up to date with all changes known to be in force on or before 06 March 2025. 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. Help about Changes to Legislation

146 Action short of dismissal on grounds related to union membership or activities.E+W+S

(1)An employee has the right not to [F1be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place] for the purpose of—

(a)preventing or deterring him from being or seeking to become a member of an independent trade union, or penalising him for doing so,

(b)preventing or deterring him from taking part in the activities of an independent trade union at an appropriate time, or penalising him for doing so, or

(c)compelling him 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)(b) “an appropriate time” means—

(a)a time outside the employee’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;

and for this purpose “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)An employee also has the right not to [F2be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place] for the purpose of enforcing a requirement (whether or not imposed by his contract of employment or in writing) that, in the event of his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, he must make one or more payments.

(4)For the purposes of subsection (3) any deduction made by an employer from the remuneration payable to an employee in respect of his employment shall, if it is attributable to his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, be treated as [F3a detriment to which he has been subjected as an individual by an act of his employer taking place] for the purpose of enforcing a requirement of a kind mentioned in that subsection.

(5)An employee may present a complaint to an industrial tribunal on the ground that [F4he has been subjected to a detriment]by his employer in contravention of this section.

[F5(6)For the purposes of this section detriment is detriment short of dismissal.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 146 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 146 modified (1.9.1999) by 1999/2256, art. 3, Sch.

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