I was dismissed for being a trade union rep

Quick Answer

Dismissal for trade union membership, activities, or for acting as a representative is automatically unfair dismissal with no qualifying period required. This is one of the strongest dismissal protections in employment law.

Trade union rights are among the most strongly protected rights in UK employment law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), dismissal for any of the following reasons is automatically unfair and requires no qualifying period of employment:

Dismissal for: being or proposing to become a trade union member; taking part or proposing to take part in union activities at an appropriate time; making use of trade union services; refusing to accept an inducement relating to union membership; acting as a union representative; and various other union-related activities.

There is no service requirement — an employee dismissed for union activity on their first day of work can bring a claim. Compensation for this type of dismissal is not subject to the standard cap and can include a minimum basic award. The tribunal can also order reinstatement or re-engagement.

You should also consider whether you have suffered any detriment (short of dismissal) connected to union activity, such as demotion, pay cuts, disciplinary action, or exclusion from meetings. These are also actionable under TULRCA.

Keep evidence of your union involvement and the employer's response to it — including any management communications expressing opposition to union activity, any disciplinary records, and the stated reason for your dismissal. Where the employer gives a pretextual reason, evidence of their attitude toward union activity is highly relevant.

Contact your union immediately — they may fund your tribunal claim and provide representation.

Relevant legislation

  • • Trade Union and Labour Relations (Consolidation) Act 1992, s.152–153
  • • Employment Rights Act 1996

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