Employees who are or may wish to become members of trade unions have a number of rights at work; which include the right to choose to join or not to join a union. In particular, employees are protected when and if, on the grounds of trade union involvement or lack of trade union involvement, an employer:
- Refuses work to the person
- Subjects the person to a detriment short of dismissal
- Dismisses the person or selects the person for redundancy
Union members are therefore protected against refusal of employment if an employer:
- Refuses to process or deliberately omits to consider an application or enquiry
- Causes the applicant to withdraw the application or enquiry
- Refuses or deliberately omits to offer employment
- Makes an offer of employment on terms that no reasonable employer wanting to fill the post would offer
- Makes an offer but then withdraws it or causes the applicant not to accept it
Non-members of trade unions also have the right not to be refused employment because they are not a member of a union or because they refuse an unlawful requirement from an employer.
In relation to remedies, that can flow from breaches of the legislation by employers in this area. Employment tribunal awards have been enhanced through legislation to give added protection.. Claims therefore should be brought before an employment tribunal within three months, beginning with the date when the conduct complained of occurred. If either the employer or the claimant argues claims that the refusal of employment was induced by a third party, then the employer or the claimant can ask for the third party to be joined in the action.