Part I Trade Unions

Chapter II Status and property of trade unions

Liability of trade unions in proceedings in tort

21 Repudiation by union of certain acts.

(1)

An act shall not be taken to have been authorised or endorsed by a trade union by virtue only of paragraph (c) of section 20(2) if it was repudiated by the executive, president or general secretary as soon as reasonably practicable after coming to the knowledge of any of them.

(2)

Where an act is repudiated—

(a)

written notice of the repudiation must be given to the committee or official in question, without delay, and

(b)

the union must do its best to give individual written notice of the fact and date of repudiation, without delay—

(i)

to every member of the union who the union has reason to believe is taking part, or might otherwise take part, in industrial action as a result of the act, and

(ii)

to the employer of every such member.

(3)

The notice given to members in accordance with paragraph (b)(i) of subsection (2) must contain the following statement— “ Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal. ”

(4)

If subsection (2) or (3) is not complied with, the repudiation shall be treated as ineffective.

(5)

An act shall not be treated as repudiated if at any time after the union concerned purported to repudiate it the executive, president or general secretary has behaved in a manner which is inconsistent with the purported repudiation.

(6)

The executive, president or general secretary shall be treated as so behaving if, on a request made to any of them within F1three months of the purported repudiation by a person who—

(a)

is a party to a commercial contract whose performance has been or may be interfered with as a result of the act in question, and

(b)

has not been given written notice by the union of the repudiation,

it is not forthwith confirmed in writing that the act has been repudiated.

(7)

In this section “commercial contract” mean means any contract other than—

(a)

a contract of employment, or

(b)

any other contract under which a person agrees personally to do work or perform services for another.