Statutory Immunities for Trade Union Members

We often wonder what other privileges the Trade Union Members are likely to have in a case of them being penalised for wrong-doing or failure to follow the basic statutes of their respective company. Statutory immunities is another advantage that members will have because there is protection against legal action only in certain circumstances, although there are a number of strict conditions to be closely followed and satisfied before being considered. However were immunities do not apply an employer can file for an injunction modus operandi is to stop the strike from proceeding.

Therefore if employees strike and an injunction is in place , the union faces heavy fines as well as other implications of being in contempt of court which automatically carries a custodial sentence/a fine. There are separate rules relating to the rights of the trade union members in relation to their union as well as rights and duties of unions themselves. Engaging everyone who is likely to participate in the strike or picketing is an advantage to have an upper hand at coordinating the outcome of a collective objective which is to prevent liability.

Trade Union Immunity depends on the protected torts(wrongful acts) being admitted and the balloting and notice requirements being complied with, so any breach of these conditions will again render the union liable for any tortuous doing. Ballots should in all circumstances respect  any action endorsed by the union's entitlement to a vote. The facts surrounding this particular subject are basically legislation driven, therefore the guidelines are more on the definitive than any research could offer or rather speculate; http://www.bis.gov.uk/assets/biscore/employment-matters/docs/10-923-industrial-action-employer-guidance this link is a good example of what is required however the example given is only mandated in the United Kingdom and differ from country to country/continent to continent.

In conclusion, there are many twist and turns as how justice can prevail in different situations. The best way to deal with any given situation is to stick to the guidelines giving room to previous cases which were similar or closely related, while basing the facts on your particular one. Being in contempt is not worth taking therefore for updated amendments continually refer to the Employment Act. To be safe the 2002 Employment Act-Union Learning representatives, S.43 provides for the time off for Union Learning  representatives. These provisions for time off are similar to time off rights given to the health and safety representatives. Allowing time off for Union appointees, working in the interests of members of trade unions to :

• Analyse learning or training needs
• Provide information about or promote learning, training and development
• Facilitate and arrange learning and training
• Assist with consultation with employees about any of the above.