Trade Union and Labour Relations (Consolidation) Act 1992

22 Limit on damages awarded against trade unions in actions in tort. E+W+S

(1) This section applies to any proceedings in tort brought against a trade union, except—

(a) proceedings for personal injury as a result of negligence, nuisance or breach of duty;

(b) proceedings for breach of duty in connection with the ownership, occupation, possession, control or use of property;

(c) proceedings brought by virtue of Part I of the M1 Consumer Protection Act 1987 (product liability).

(2) In any proceedings in tort to which this section applies the amount which may awarded against the union by way of damages shall not exceed the following limit—

Number of members of union	Maximum award of damages
Less than 5,000	[F1 £40,000]
5,000 or more but less than 25,000	[F2 £200,000]
25,000 or more but less than 100,000	[F3 £500,000]
100,000 or more	[F4 £1,000,000]

(3) The Secretary of State may by order amend subsection (2) so as to vary any of the sums specified; and the order may make such transitional provision as the Secretary of State considers appropriate.

(4) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

• “breach of duty” means breach of a duty imposed by any rule of law or by or under any enactment;

• “personal injury” includes any disease and any impairment of a person’s physical or mental condition; and

• “property” means any property, whether real or personal (or in Scotland, heritable or moveable).

Textual Amendments

F1 Sum in s. 22(2) table substituted (21.7.2022) by The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699), arts. 1(2), 2(2)(a) (with art. 3)

F2 Sum in s. 22(2) table substituted (21.7.2022) by The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699), arts. 1(2), 2(2)(b) (with art. 3)

F3 Sum in s. 22(2) table substituted (21.7.2022) by The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699), arts. 1(2), 2(2)(c) (with art. 3)

F4 Sum in s. 22(2) table substituted (21.7.2022) by The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699), arts. 1(2), 2(2)(d) (with art. 3)

Marginal Citations

M1 1987 c. 43.