Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”

RWE

Access all documents on Trade union

Trade union meaning

What does Trade union mean?
A trade union is an independent workers’ organisation that represents workers collectively in dealings with employers on pay, hours and other terms and conditions, and provides workplace representation in disputes. The term is statutory: in Great Britain it is defined by the Trade Union and Labour Relations (Consolidation) Act 1992 s.1; in Northern Ireland by the Trade Union and Labour Relations (Northern Ireland) Order 1995; and in Ireland by the Industrial Relations Act 1990 and Trade Union Acts. Key legal features include voluntary membership and internal rules; collective bargaining and consultation; the ability to seek statutory recognition (GB via the Central Arbitration Committee; NI via the Industrial Court); and the organisation of industrial action subject to strict ballot and notice requirements, attracting statutory tort immunities when compliant. Protection from detriment or dismissal for trade union membership or activities applies across the jurisdictions (ERA 1996 and local equivalents). Trade unions are usually unincorporated associations, registered with the Certification Officer (GB/NI) or the Registrar of Trade Unions (Ireland). Usage is broadly consistent, although Ireland has no compulsory recognition; the WRC and Labour Court may determine disputes where an employer does not engage in collective bargaining.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Trade union

CHECKLISTS
Acas early conciliation for employment tribunal claims in Great Britain: checklist of relevant proceedings and statutory time-limit extensions

The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...

Read More Right Arrow
CHECKLISTS
Checklist: Statutory Employment Claims Validly Settled by Acas COT3 (and Those Excluded) in Great Britain

Contracting-out provisions Most claims pursued in the employment tribunal arise from a jurisdiction conferred by statutory measures. Each such statutory scheme typically includes a clause preventing the parties (or prospective parties) to a tribunal dispute from concluding an arrangement that purports to settle the claim and, by doing so, purports to displace the employment tribunal’s authority to decide the dispute. These clauses are commonly known as 'contracting-out provisions', and they appear, in broadly similar terms, across a wide range of employment legislation, eg the Employment Rights Act 1996 (ERA 1996), the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) and the Equality Act 2010 (EqA 2010). The aim of these provisions is to protect claimants (or potential claimants) by ensuring they do not sign away the right to commence or continue a claim without appropriate safeguards being observed. The fundamental position is that any agreement reached between persons which purports to stop an individual from making, or proceeding with, a claim to an employment tribunal is void...

Read More Right Arrow
CHECKLISTS
Statutory contents checklist for occupational pension scheme annual reports and accounts (Disclosure of Information Regulations 2013, SI 2013/2734)

This checklist sets out the requirements for the content of schemes’ annual reports and accounts under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734. For fuller guidance on the duty on occupational pension schemes to produce annual reports and accounts, see Practice Note: Pension scheme annual reports and accounts. Requirement to prepare and disclose a pension scheme annual report Trustees of an occupational pension scheme meeting the conditions in the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734, Sch 1, Para 1 must produce an annual report no later than seven months following the close of each scheme year. For further details, see: Disclosure requirements for occupational and personal pension schemes—the 2013 disclosure regulations—Scope of the 2013 Disclosure Regulations. The annual report must be provided to any relevant person (that is, a member, prospective member, their spouse or civil partner, a beneficiary or a recognised trade union) who: requests the document within five years...

Read More Right Arrow

View the related Flowcharts about Trade union

FLOWCHARTS
FIDIC 2017 Red, Yellow and Silver Books: Defects and Remedial Works Process Flowchart (Clauses 7.5, 7.6, 11.1 and 12.3)

This Flowchart explains what the requirements are for industrial action to qualify for statutory immunity under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), as amended by the Employment Rights Act 2025 English law confers no positive entitlement to organise or take part in industrial action. As a matter of common law, such action is ordinarily unlawful. A trade union that calls industrial action will typically commit one or more of the so‑called economic or industrial torts. Individuals who join the action will frequently breach their contracts of employment. Statute nevertheless intervenes to grant a union immunity from tortious liability when organising industrial action, but that protection is bounded by substantial and intricate statutory requirements. Industrial action that satisfies those requirements is treated as protected. Where statutory immunity does not arise, or is lost, the action is unprotected. The ramifications for a union of initiating industrial action that lacks statutory immunity can be significant, with the possibility of damages being awarded against it and/or...

Read More Right Arrow
FLOWCHARTS
Industrial action statutory immunity under TULR(C)A 1992: practitioner flowchart on trade disputes, prohibited action, balloting and union liability

Inheritance (Provision for Family and Dependants) Act 1975: Applicant Classes This flowchart sets out the groups of potential claimants who can seek reasonable provision from a deceased person’s estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). For each applicant type, it lists the requirements to be met and identifies matters to weigh up before commencing any claim, while signposting these points and referring the practitioner to supplementary guidance, where necessary for further guidance...

Read More Right Arrow

View the related News about Trade union

NEWS
UK employment law weekly highlights: 28 March 2024—April reforms, flexible working Code, National Insurance cuts, minimum wage, Vento bands, industrial action, Northern Ireland updates

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

Read More Right Arrow
NEWS
EU and UK life sciences legal update: Critical Medicines Act, UK vaccine changes, EHDS/IP, MDR/IVDR impacts, EMA-FDA AI principles, and £500m UCB R&D investment

Pharmaceuticals—regulatory framework European Parliament adopts Critical Medicines Act proposal to address supply shortages The European Parliament has endorsed plans to bolster the availability and supply of essential medicines across the EU, approving the proposals by 503 votes in favour, 57 against and 108 abstentions. The package seeks to lessen the EU’s reliance on non‑EU countries and strengthen pharmaceutical competitiveness by backing strategic industrial projects to expand and modernise manufacturing capacity within the Union. Under the proposals, contracting authorities would be required to apply procurement criteria that favour manufacturers producing a significant share of critical medicines in the EU, with price no longer the sole determinant for contract awards. The measures also lower the bar for joint cross‑border procurement from nine to five countries and create an EU co‑ordination mechanism for national stockpiles of critical medicines, empowering the Commission, as a last resort during shortages, to reallocate medicines between Member States. Industry has reacted critically to the current text, warning that certain provisions could dilute the original intent of...

Read More Right Arrow
NEWS
ESG 2026: greenwashing litigation surge, competition and consumer enforcement, fragmented regimes, maturing net-zero targets, expanding circular economy EPR, and intensified supply chain forced labour due diligence

Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions alleging greenwashing, challenging claims ranging from carbon neutrality to green product labels. State attorneys general have also been active, notably in...

Read More Right Arrow

View the related Practice Notes about Trade union

PRACTICE NOTES
EU-UK Strategic Partnership 2025: Proposed trade framework covering steel quotas, SPS dynamic alignment, fisheries to 2038, youth and business mobility, mutual recognition of professional qualifications, ETS linkage and CBAM

This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom (UK) and the European Union (EU). Introduction On 19 May 2025, at the inaugural UK–EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK–EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK–EU Trade and Cooperation Agreement. For guidance on trade in services under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK–EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet finalised. Rather, the EU and UK have settled on a path for their negotiations towards a trade agreement. The...

Read More Right Arrow
PRACTICE NOTES
Joint employment: legal presumption, vicarious liability, agency workers, office‑holders, schools, collective bargaining, TUPE, tax and contractual drafting issues

Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate employers and the roles are compatible; and where two or more employers act together within a partnership or joint venture ...

Read More Right Arrow
PRACTICE NOTES
Industrial Action: Legal Rights, Balloting and Notice Requirements, Picketing, Prohibited Action, Union Liability, and Employer and Employee Guidance

This Practice Note offers an overview of industrial action, covering what it is, picketing, the right to take industrial action, unlawful forms of industrial action, balloting for, and employer notification of, industrial action, and trade union liability. It also provides guidance on industrial action for employers and for employees. What is industrial action? Industrial action occurs when workers act together (ie collectively) against their employer because of a workplace dispute. It may take the form of a strike—which section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) generally defines as ‘any concerted stoppage of work’—but can also involve measures short of a total stoppage, such as: a ‘go-slow’ (ie workers take longer than usual to finish tasks) work-to-rule (ie workers do only what their contract requires and no more) an overtime ban (ie no overtime is worked) a call-out ban (ie workers refuse requests to work outside scheduled hours) Industrial action sits at the...

Read More Right Arrow

View the related Precedents about Trade union

PRECEDENTS
Sanctions compliance definitions, seller warranties, due diligence and notification undertakings for pro-buyer share purchase agreement (corporate seller, conditional, long form)

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity: activity subject to a Sanctioning Body’s sanctions. Sanctioning Body: United Kingdom, United States of America, European Union, and any other authority administering sanctions. Sanctioned Entity: any person or entity that is, or is owned or controlled (directly or indirectly) by one that is, sanctioned or on a designated list of a Sanctioning Body; ‘owned or controlled directly or indirectly’ has the meaning in Sanctions Laws. Sanctions Laws: all law on a Sanctioned Activity binding either Party or the Agreement’s performance. Sanctions Policy: the Seller’s sanctions policy in Appendix [insert Appendix number], as updated and notified to the Buyer. is not a Sanctioned Entity; has not been notified of any Sanctioned Activity investigation; is unaware of Business circumstances likely to prompt such investigation; shall comply with Sanctions Laws and the Sanctions Policy; ...

Read More Right Arrow
PRECEDENTS
Statutory Carer’s Leave: Model Employer Policy for Great Britain — entitlement, dependants, long‑term care need, notice, postponement, pay and return to work

1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff association ] ]. 1.4 In some circumstances, you may have the right to take...

Read More Right Arrow
PRECEDENTS
ET1 particulars: TUPE 2006 reg 13 consultation breach—union or employee representatives—model pleading for declaration and compensation

Insert in para 8.2 of claim form ET1 [ The [ enter name of union, eg UVW union ] is an independent trade union formally acknowledged by the Respondent in relation to [ enter details, eg all catering workers ] working within its undertaking at [ insert address ]. OR The Claimant is an employee representative, being a member of the Respondent organisation’s elected representative body for [ enter details of the staff represented by the elected representatives, eg all catering workers ] engaged within its undertaking at [ insert address ]. ]...

Read More Right Arrow

View the related Q&As about Trade union

Q&As
Employer auxiliary aid in union paid time off; trade organisation duty?

Duty to make reasonable adjustments The Equality Act 2010 (EqA 2010) establishes a duty to make reasonable adjustments (referred to below as ‘the duty’), which contains three distinct requirements. The third requires that, where a disabled person would, without the provision of an auxiliary aid, face a substantial disadvantage in relation to a relevant matter when compared with people who are not disabled, such steps as are reasonable must be taken to supply the auxiliary aid. The situations in which the duty arises differ across workplace settings. Accordingly, the precise circumstances that engage the duty will not be uniform across all settings. For all three requirements, the duty is triggered only where a disabled individual is placed at a substantial disadvantage compared with non‑disabled people ‘in relation to a “relevant matter”’, and what counts as a ‘relevant matter’ (as defined in EqA 2010, Sch 8 Pt 1) varies according to the particular type of workplace. As a result, application of the duty is context‑specific to the workplace in question....

Read More Right Arrow
Q&As
BEIS Form HR1 rejected—notice date: first send or resubmission?

Under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 Employers are required to inform the Secretary of State for Business, Energy and Industrial Strategy (BEIS) before issuing any redundancy notices and, in any event: where 20 or more dismissals are contemplated within 90 days, no less than 30 days before the first dismissal takes effect where 100 or more dismissals are contemplated within 90 days, no less than 45 days before the first dismissal takes effect For BEIS notification purposes, the full 30- or 45-day interval must pass before the first dismissal occurs. Notification is made on Form HR1, submitted to The Insolvency Service. For additional details, see Practice Note: Collective redundancy—statutory information and consultation obligations, under the heading Obligation to notify BEIS (Form HR1). As stated in the Advance notification of redundancies: guidance for employers accompanying Form HR1, the notification date is ‘the date on which we receive your completed form’. Forms with any required information...

Read More Right Arrow
Q&As
Trade union rep’s breach of confidential talks: dismissal and automatic unfair dismissal defence

For guidance on safeguarding confidentiality in the workplace, see Practice Note: Confidential information and trade secrets in employment. For broader support on addressing misconduct, consult the following Practice Notes: Managing conduct Dismissing fairly for conduct reasons Reason for dismissal—conduct Protection from dismissal Under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), a dismissal will be automatically unfair if the principal reason for ending employment is that the worker: has taken part in, or intended to take part in, the activities of an independent trade union at an appropriate time has used, or intended to use, trade union services at an appropriate time For these purposes, ‘an appropriate time’ is: a time outside the worker’s normal working hours, or a time during working hours when the employer has agreed they may engage in union activities or make use of union services The...

Read More Right Arrow