independent trade union

Quick Reference

A trade union holding a certificate of independence issued by the Certification Officer. A certificate will only be issued if the union is not under the domination or control of any employer, group of employers, or employers' association and is not liable to any interference tending towards such control. A union that is refused a certificate of independence may appeal to the Employment Appeal Tribunal. Trade unions that do not hold a certificate of independence cannot conclude a collective agreement restricting employees' rights to strike and have no statutory right to certain information that employers must disclose to recognized independent trade unions (see disclosure of information). Only officials of independent trade unions have a statutory right to time off work to pursue union activities and duties. Rules regarding the dismissal of an employee for an inadmissible reason in relation to trade-union membership and activities and rules that prohibit employers from taking other action to deter employees from participating in a union only apply if the union holds a certificate of independence.

Subjects: Law.

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