If you are considering joining a trade union like Community, but aren’t sure if you’re eligible to join, you’re asking the right questions. The answer, for the vast majority of workers and employees is a definite YES.
In the UK, the right to join a trade union is a legally protected workplace right. Your employer cannot legally fire you, demote you or discriminate against you for unionising, or being a member of a union.
In this blog, we’ll break down your legal right to become a member of a trade union.
Your legal right to join a trade union
In the UK, your right to join a union, and be a member of a union, is protected under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).
TULRCA guarantees your statutory right to belong to a trade union of your choice. Furthermore, it protects you from being subjected to a detriment because you are a union member, including:
- Being refused a promotion or employment opportunity
- Being denied training
- Losing your job
In addition, TULRCA protects you from unfair dismissal because you are a trade union member. If your employer were to fire you because you are a member of a union, or take part in legal union activity, it is deemed automatically unfair dismissal, and you do not need to meet the usual minimum service requirement (currently two years) to make a claim.
In short, every employee and worker in the UK has a legal right to join a trade union like Community.
Is my role covered by trade unions?
While the right to join a union is universal, some roles or types of employment are covered by specific legislations, which may make you question whether you can join a union or not.
The self-employed and “workers”
Under UK law, there is a clear distinction between an employee, a worker and a self-employed/independent contractor.
- Employees and workers: Both employees and those legally classified as “workers” (which includes many people in the gig economy) are protected under TULRCA and have the legal right to join a union like Community. The definition of a “worker” is broad and covers anyone who has a contract to perform work or services personally.
- The self-employed and freelancers: While the self-employed are generally not covered by UK employment law, they can still join a union. Community prides itself as being a trade union for the self-employed, and are campaigning for better rights for self-employed workers, such as sick pay and paid parental leave. Our self-employed members can also still benefit from our advice and support, legal advice and collective action around self-employment.
Armed Forces and Police
- Armed Forces: Members of the Armed Forces (Army, Royal Navy, RAF) are prohibited by law from being members of a trade union. They have their own system for addressing grievances.
- Police: Police officers are prohibited from joining trade unions. Instead, they are represented by the Police Federation, which acts in a very similar capacity to a trade union.
Public Sector Employees
Public sector employees, such as local council staff, NHS workers and civil servants have the exact same rights as private sector employees, and therefore can join any trade union of their choosing.
Temporary, Part-Time, and Gig Workers
Part-Time and Temporary Workers
Even if you are a part-time, fixed-term or temporary employee, you have the same legal right to join a union as colleagues who are full-time, or on permanent contracts.
The TULRCA prohibits any detriment due to your union membership, and this protection applies regardless of your hours or the duration of your contract.
Gig Workers and Agency Workers
Gig Workers and Agency Workers are covered by the “worker” status in UK law:
- Agency Workers: Even if you are working through an agency, you have the legal right to join a union.
- Gig Workers: Even if a company classifies you as self-employed, if a court determines you are legally a “worker,” you have the right to join a union.
© Community Trade Union 2025
Thank you. We have received your query
We have received your query and a member of our Service Centre Department will be in touch to discuss further with you.
Due to service demands it is not always possible for our advisors to reply to your query immediately. We aim to respond within 48 hours of receipt.
If your employer has invited you to a formal meeting (disciplinary, grievance or appeal) and you are seeking representation, if you have not already done so via this form, please provide us with all relevant supporting information including any notes/minutes from any investigation process and your email/letter of invitation, which should include full details of when and where the meeting is due to take place.
Please note that representation is not provided for investigation meetings.
If you have any further queries, please contact our Service Centre Department on 0800 389 6332 or at servicecentre@community-tu.org.
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