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Trade union membership: Guidance on meaning of trade union membership

This report relates to 1 case(s)

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    Speciality Care plc v Pachela and another [1996] IRLR 248 EAT (0 other reports)

In Speciality Care plc v Pachela and another [1996] IRLR 248, the EAT holds that it remains correct that a complaint of unfair dismissal by reason of trade union membership should be determined not only by reference to whether the complainant had simply joined a union, but also by reference to whether the introduction of union representation into the employment relationship had led the employer to dismiss him or her. Accordingly, it would be open to an industrial tribunal to hold that employees had been dismissed on grounds of union membership if they were dismissed for joining a trade union and enlisting its help in their protest over a change in hours of work.