Individual members of a recognised, independent trade union have certain significant rights.

Recruitment

As the employer, you may not refuse to employ some one, or offer terms which act as a deterrent to a prospective employee on the grounds of membership or non-membership of a union. An employee who, as a result, is either refused or does not take the job, can claim compensation from you in an employment tribunal if the action is commenced within six months of the complained-of behaviour (three months where that behaviour occurred before 1 October 2026).

Treatment whilst Employed

Once employed, employees cannot be pressurised by financial or other penalties into, or against, membership or non-membership of a trade union. In addition, a worker has the right not to receive an offer from the employer (for example of a payment or other benefit) made for the sole or main purpose of inducing the worker not to be, or seek to become, a member of an independent trade union (for example, to leave the union or not to join it), or not to take part in its activities or use its services outside working hours or at another time the employer has agreed to. Where the worker is a member of an independent trade union that the employer recognises, or that is seeking recognition, the employer must also not make offers whose acceptance would mean that the workers' terms (or any of them) are not, or are no longer, set by a collective agreement negotiated by or on behalf of the union, if that is the employer's sole or main purpose. A worker who receives an unlawful offer can complain to an employment tribunal.

Time-Off

Trade union members and officials also have rights regarding time off for union activities as do union safety representatives.

Dismissal or Detriment

Dismissal or detriment for an employee's trade union membership/non-membership (e.g. unjustified selection for redundancy) or on the grounds relating to recognition or derecognition of a union, is generally unlawful and any such dismissal will be considered in law to be automatically unfair. If trade union pressure forces the dismissal, such dismissal may still be unfair but the union can be joined as a co-defendant in the proceedings and the employment tribunal may make the union liable to pay some or all of the compensation awarded to the employee.

Employees taking lawfully organised (protected) industrial action are protected so that it is automatically unfair to dismiss them because they took part in that action. Where an employee started taking the action on or after 18 February 2026, this protection is no longer limited to the first 12 weeks of the action (the previous 12-week rules still apply where the employee started taking the action before that date). This protection does not apply to employees taking part in unofficial industrial action.

Workers are also protected against discrimination by ommission on the grounds of the trade union membership or non-membership or trade union activities (such as giving a benefit to non-members but not to union members). Workers cannot be blacklisted as a result of union membership or activities.

Failure to Reinstate or Re-engage

An employment tribunal can impose an additional award to reinstate or re-engage on trade union grounds having been ordered to do so.

Union Dues

There are special rules relating to payment of union dues under a check-off agreement