PART IVRIGHTS IN RELATION TO TRADE UNION MEMBERSHIP
Right not to be expelled from trade union
Interpretation and other supplementary provisions41
1
For the purposes of Article 38—
a
“trade union” does not include an organisation falling within sub-paragraph (b) of Article 3(1) of the 1992 Order;
b
“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 Articles 38 to 40 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 right conferred by Article 38 is by way of a complaint to an industrial tribunal in accordance with that Article, Articles 39 and 40 and this Article, and not otherwise.
4
Where a complaint relating to an expulsion which is presented under Article 38 is declared to be well-founded, no complaint in respect of the expulsion shall be presented or proceeded with under Article 33 (complaint of infringement of right not to be unjustifiably disciplined).
5
The right conferred by Article 38 is in addition to, and not in substitution for, any right which exists apart from that Article; and, subject to paragraph (4), nothing in that Article, Article 39 or 40 or this Article affects any remedy for infringement of any such right.