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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)An employee has the right not to have action short of dismissal taken against him as an individual by his employer 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 have action short of dismissal taken against him 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 action short of dismissal taken against him 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 action has been taken against him by his employer in contravention of this section.
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