Thinking about joining a union to protect your rights, advocate for better pay and policy, or gain access to workplace legal support? It’s a powerful and straight forward decision, however many workers worry about their employer’s reaction.
Let’s cut straight to the chase. Your employer CANNOT legally stop you from joining a trade union in the UK. The law has your back.
Your right to join a trade union is enshrined in UK employment law and is robustly protected. If your employer attempts to interfere with your right to join a union, or treats you unfairly for joining a union, they are breaking the law.
In this blog, we’ll provide a comprehensive overview of your rights as an employee or worker in the UK when it comes to union membership.
Your statutory right to join a union explained
Your legal right to join a trade union is enshrined in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).
This Act guarantees a number of core freedoms and protections for both employees, as well as legally classified “workers” (this includes those working in the gig economy as well as agency workers).
The right to choose
Under the TULRCA, you have the right to choose to join or not join a trade union.
The right to associate
You can belong to any trade union(s) of your choice, even if it is not the one your employer formally recognises. You can also be a member of multiple unions if you wanted!
The right to be protected
You are protected by the TULRCA from unfair treatment, being subjected to a detriment or being dismissed because you are a member of a trade union, or for taking part in legal union activities.
What your employer absolutely cannot do
Whether you are employed by an employer or employment agency, they are explicitly forbidden from taking action that is intended to penalise you or discourage you from exercising your union rights. Unlawful actions include:
Refusal of employment
Employers cannot refuse to hire you because you are a member (or not a member) of a trade union.
Dismissal
Dismissal or redundancy because you are a union member, want to join a union or have participated in legal union activities is automatically unfair dismissal.
Subjecting to detriment
Treating you unfavourably to deter you from being a member of a union, participating in union activities or using your union’s services.
Financial incentives
Offering you financial incentives or benefits to persuade you to leave your union or not join one.
Other detrimental treatment
This can include refusing you a pay rise, promotion, training or otherwise withholding employment or career opportunities due to your union membership.
In short, it is unlawful for your employer to take action action with the sole purpose of preventing, penalising or deterring your union membership or involvement.
What to do if your employer treats you unfairly for being a union member
If you believe your employer has treated you unfairly because you are a union member, there are several steps you should take:
Contact your Community Representative
This is always the first and best step for any issue at work. Your Community Rep can provide advice and support, and may even be able to resolve the issue directly with your employer. If you don’t know who your Community Rep is, or don’t have one on-site, get in touch with our Member Service Centre immediately.
Raise a formal grievance
With the help of your Community Representative, you should follow your employer’s formal grievance procedure to put the unfair treatment on record.
Make a claim to an employment tribunal
If the matter cannot be resolved directly with your employer, you may be entitled to make a claim to an Employment Tribunal on the grounds of detriment or unfair dismissal (depending on what happens). Crucially, in claims of automatic unfair dismissal relating to union membership, you do not need to meet the standard minimum service requirement (currently two years) to bring a claim.
Remember, your right to join a union is a fundamental and protected right in the UK. Being a member of a union like Community ensures you have a voice in the workplace.
Your employer has no right to interfere in your decision to join a union, or take part in legal union activities.
© 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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