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Employment Rights Bill

Moved by

Lord Prentis of Leeds

253A: After Clause 74, insert the following new Clause—

“Amendments to law on unlawful inducements

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (3) below

(2) In section 145A (inducements relating to union membership or activities)—

(a) after subsection (1), insert—

“(1A) A worker has the right not to be excluded or omitted from an offer made by the employer to any of its workers if the exclusion or omission was on the ground that the worker—

(a) ?save-line2?was, or proposed to become, a member of an independent trade union;

?save-line2?(b) had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time;

(c) had made use, or proposed to make use, of trade union services at an appropriate time;

(d) had failed to accept an offer made in contravention of this section or section 145B;

(e)?save-line2? was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused, or proposed to refuse, to become or remain a member.”

(b) in subsection (2), for “subsection (1)” substitute “subsections (1) and (1A)”;

(c) in subsection (4), for “subsections (1) and (2)”, substitute “subsections (1), (1A) and (2)”;

(d) in subsection (5), after “has made him an offer” insert “or has excluded him or omitted him from an offer”.

(3) In section 145D (consideration of complaint)—

(a) in subsection (1) after “145A”, insert “or relating to an infringement of section 145A(1A)”;

(b) after subsection (1) insert—

“(1A) On a complaint under section 145A relating to an infringement of subsection 145A(1A) it shall be for the employer to show the ground on which the worker was omitted or excluded from the offer.””

Member’s explanatory statement

This amendment seeks to ensure that workers are protected if they are excluded or omitted from an offer because they are trade union members. The provision aims to ensure that section 145A applies to conduct which undermines the employees’ rights to freedom of association.