Part V Industrial action
Action excluded from protection
C1222 Action to enforce trade union membership.
1
An act is not protected if the reason, or one of the reasons, for which it is done is the fact or belief that a particular employer—
a
is employing, has employed or might employ a person who is not a member of a trade union, or
b
is failing, has failed or might fail to discriminate against such a person.
2
For the purposes of subsection (1)(b) an employer discriminates against a person if, but only if, he ensures that his conduct in relation to—
a
persons, or persons of any description, employed by him, or who apply to be, or are, considered by him for employment, or
b
the provision of employment for such persons,
is different, in some or all cases, according to whether or not they are members of a trade union, and is more favourable to those who are.
3
An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—
a
to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 144 (union membership requirement in contract for goods or services), or
b
to contravene section 145 (refusal to deal with person on grounds relating to union membership).
4
References in this section to an employer employing a person are to a person acting in the capacity of the person for whom a worker works or normally works.
5
References in this section to not being a member of a trade union are to not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.