Right to require employer to stop deductions of union subscriptions
38.—(1) Where any person (“the employee”) has certified to his employer—
(a)that there has been or will be, as from a particular date, such a termination of his membership of any trade union as is within the knowledge of the union; or
(b)that any notice which he has given to a trade union for the purpose of terminating his membership of that union has expired or will expire on a particular date,
the employer shall ensure that no amount representing a payment to the union in respect of the employee’s membership after that date of that union is deducted from emoluments payable by the employer to the employee.
(2) Paragraph (1) does not apply in relation to emoluments paid—
(a)before the first day following the giving of the certificate on which it is reasonably practicable for the employer to give effect, in compliance with that paragraph, to a variation of the net amount of emoluments payable to the employee; or
(b)after the employee notifies his employer that the certificate is withdrawn.
(3) Notwithstanding anything in any contract between the employee and the employer, or in any agreement or consent signified by the employee, a deduction made in contravention of this Article shall in all cases be treated for the purposes of Part II of the Wages (Northern Ireland) Order 1988(1) as a deduction in contravention of Article 3 of that Order.