§ Lord Wedderburn of Charltonasked Her Majesty's Government:
How many employees working in employment to which a union membership agreement applied were unfairly dismissed between 16th September 1974 and 15th August 1980 by reason of non-membership of a specified or other appropriate trade union:
- (a) in toto; and
- (b) in various sectors of trade or industry.
The Minister of State, Ministry of Agriculture, Fisheries and Food (Earl Ferrers)Comprehensive statistics with which to answer the question are not available. During the period cited dismissal for non-membership of a specified union under a union membership agreement was regarded as fair under the Trade Union and Labour Relations Acts 1974 and 1976 unless the employee genuinely objected on grounds of religious belief to being a member of any trade union whatsoever or, between 16th September 1974 and 25th March 1976 only, on any reasonable grounds to being a member of a particular union, in which cases dismissal was unfair. The Government are aware of 17 employees whose dismissals between 16th September 1974 and 15th August 1980 were found to be unfair on one or other of the grounds cited above. Of these, 11 were employed in manufacturing and six in transport and communications.
§ Lord Wedderburn of Charltonasked Her Majesty's Government:
What evidence exists to suggest that more than 70 persons dismissed from employment to which union membership agreement applies between 16th 376WA September 1974 and 15th August 1980, who did not bring or, if they brought, did not succeed in, proceedings before an industrial tribunal for unfair dismissal would have succeeded in such proceedings if the provisions of the Employment Act 1980 had been in effect.
Earl FerrersEvidence exists in the work of two researchers, Professor John Gennard and Miss Helen Jackson.
§ Lord Wedderburn of Charltonasked Her Majesty's Government:
How many employees dismissed since 15th August 1980 from employment to which a union membership agreement applied succeeded in proceedings for unfair dismissal on the ground that they objected to being members of a trade union or any trade union by reason of a belief or conviction other than a religious belief or conviction.
Earl FerrersI am not aware of any successful complaints of unfair dismissal since 15th August 1980 in which the employee objected either on grounds of conscience or of other deeply-held personal conviction (which includes objections on grounds of religious belief or conviction) to union membership.