Part III E+W+S Rights in relation to union membership and activities

[F1 Right to membership of trade union] E+W+S

Textual Amendments

F1 Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s.14; S.I. 1993/1908, art. 2(2), Sch.2

[F2 177Interpretation and other supplementary provisions. E+W+S

(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 [F3 employment 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.

Textual Amendments

F2 Ss. 174-177 and cross heading substituted (30.11.1993) by 1993 c. 19, s. 14; S.I. 1993/1908, art. 2(2), Sch. 2

F3 Words in s. 177(3) 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