Legal Eagle
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Q: Is it illegal to force someone to belong to a union?
Your fellow expert on the Dear John page (July 20, page 12) stated that all UK stunt artists have to be members of Equity. Isn't it illegal to force someone to belong to a union?
A: With all due respect to my esteemed colleague, I am afraid that on this occasion he is mistaken, and you are right. Under UK legislation, to wit the Trade Union and Labour Relations Act 1992, no person is obliged to join or to remain a member of a trade union. Further, all employees have the right not to be dismissed or selected for redundancy for not belonging to or refusing to join a trade union or for failing to accept an offer from their employer made with the sole or main purpose of inducing them to be or become a member of a trade union. Further, all employees have the right not to be subjected to detriment by their employer for not being, or refusing to become, a member of a trade union.
The definition of 'trade union' is complex but would seem to cover an organisation such as Equity. Also, for 'employee' read 'worker'. However, individuals who are technically self-employed appear to be excluded from the protection under UK law, although they could argue that such exclusion is a breach of their human rights by analogy with Article 11 of the European Convention on Human Rights.
The European Court of Human Rights has held that under Article 11 (which relates to freedom of assembly and association) the right to join a trade union includes the right not to join one. Otherwise 'freedom' to do something would be synonymous with compulsion to do it.
Readers may care to note that I hear on the grapevine my ever esteemed colleague, Stage agony uncle John Byrne, is about to have a book published online which will contain 101 questions and answers about entertainment agents' business. It will be on the website www.getmemyagent.com. So watch that space.
First published 30th August 2006
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