Search Legislation

Trade Union Reform and Employment Rights Act 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Trade Union Reform and Employment Rights Act 1993, Section 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

14 Right not to be excluded or expelled.E+W+S

For sections 174 to 177 of the 1992 Act (right not to be unreasonably excluded or expelled from union where employment subject to union membership agreement) and the heading immediately preceding them there shall be substituted—

Right to membership of trade unionE+W+S
174 Right not to be excluded or expelled from union.

(1)An individual shall not be excluded or expelled from a trade union unless the exclusion or expulsion is permitted by this section.

(2)The exclusion or expulsion of an individual from a trade union is permitted by this section if (and only if)—

(a)he does not satisfy, or no longer satisfies, an enforceable membership requirement contained in the rules of the union,

(b)he does not qualify, or no longer qualifies, for membership of the union by reason of the union operating only in a particular part or particular parts of Great Britain,

(c)in the case of a union whose purpose is the regulation of relations between its members and one particular employer or a number of particular employers who are associated, he is not, or is no longer, employed by that employer or one of those employers, or

(d)the exclusion or expulsion is entirely attributable to his conduct.

(3)A requirement in relation to membership of a union is “enforceable” for the purposes of subsection (2)(a) if it restricts membership solely by reference to one or more of the following criteria—

(a)employment in a specified trade, industry or profession,

(b)occupational description (including grade, level or category of appointment), and

(c)possession of specified trade, industrial or professional qualifications or work experience.

(4)For the purposes of subsection (2)(d) “conduct”, in relation to an individual, does not include—

(a)his being or ceasing to be, or having been or ceased to be—

(i)a member of another trade union,

(ii)employed by a particular employer or at a particular place, or

(iii)a member of a political party, or

(b)conduct to which section 65 (conduct for which an individual may not be disciplined by a trade union) applies or would apply if the references in that section to the trade union which is relevant for the purposes of that section were references to any trade union.

(5)An individual who claims that he has been excluded or expelled from a trade union in contravention of this section may present a complaint to an [F1employment tribunal].

175 Time limit for proceedings.

An [F1employment tribunal] shall not entertain a complaint under section 174 unless it is presented—

(a)before the end of the period of six months beginning with the date of the exclusion or expulsion, or

(b)where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.

176 Remedies.

(1)Where the [F1employment tribunal] finds a complaint under section 174 is well-founded, it shall make a declaration to that effect.

(2)An individual whose complaint has been declared to be well-founded may make an application for an award of compensation to be paid to him by the union.

The application shall be made to an [F1employment tribunal] if when it is made the applicant has been admitted or re-admitted to the union, and otherwise to the Employment Appeal Tribunal.

(3)The application shall not be entertained if made—

(a)before the end of the period of four weeks beginning with the date of the declaration, or

(b)after the end of the period of six months beginning with that date.

(4)The amount of compensation awarded shall, subject to the following provisions, be such as the [F1employment tribunal] or the Employment Appeal Tribunal considers just and equitable in all the circumstances.

(5)Where the [F1employment tribunal] or Employment Appeal Tribunal finds that the exclusion or expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

(6)The amount of compensation calculated in accordance with subsections (4) and (5) shall not exceed the aggregate of—

(a)an amount equal to thirty times the limit for the time being imposed by paragraph 8(1)(b) of Schedule 14 to the M1Employment Protection (Consolidation) Act 1978 (maximum amount of a week’s pay for basic award in unfair dismissal cases), and

(b)an amount equal to the limit for the time being imposed by section 75 of that Act (maximum compensatory award in such cases);

and, in the case of an award by the Employment Appeal Tribunal, shall not be less than £5,000.

(7)The Secretary of State may by order increase the sum specified in subsection (6).

(8)An order under subsection (7)—

(a)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

177 Interpretation and other supplementary provisions.

(1)For the purposes of section 174—

(a)trade union” does not include an organisation falling within paragraph (b) of section 1,

(b)conduct” includes statements, acts and omissions, and

(c)employment” includes any relationship whereby an individual personally does work or performs services for another person (related expressions being construed accordingly).

(2)For the purposes of sections 174 to 176—

(a)if an individual’s application for membership of a trade union is neither granted nor rejected before the end of the period within which it might reasonably have been expected to be granted if it was to be granted, he shall be treated as having been excluded from the union on the last day of that period, and

(b)an individual who under the rules of a trade union ceases to be a member of the union on the happening of an event specified in the rules shall be treated as having been expelled from the union.

(3)The remedy of an individual for infringement of the rights conferred by section 174 is by way of a complaint to an [F1employment tribunal] in accordance with that section, sections 175 and 176 and this section, and not otherwise.

(4)Where a complaint relating to an expulsion which is presented under section 174 is declared to be well-founded, no complaint in respect of the expulsion shall be presented or proceeded with under section 66 (complaint of infringement of right not to be unjustifiably disciplined).

(5)The rights conferred by section 174 are in addition to, and not in substitution for, any right which exists apart from that section; and, subject to subsection (4), nothing in that section, section 175 or 176 or this section affects any remedy for infringement of any such right..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 14 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources