Section 18 Collection of union dues by employers.
England, Wales and Scotland
Where any person who is a member of a trade union which has a political fund has certified in writing to his employer that, or to the effect that, he—
is exempt from the obligation to contribute to that fund; or
has, in accordance with the 1913 Act, notified the union in writing of his objection to contributing to it;
the employer to whom the certificate was given shall ensure that no amount representing a contribution to the political fund of the union is deducted by him from emoluments payable to the member.
Subsection (1) above does not apply—
before the first day, following the giving of the certificate, on which it is reasonably practicable for the employer to comply with it; or
after the certificate is withdrawn.
Where an employer—
refuses (otherwise than to the extent required by subsection (1) above) to deduct any union dues from emoluments payable to any person who has given a certificate to him under this section; but
continues to deduct union dues fro emoluments payable to other members of the union;
he shall be taken to have failed to comply with this section unless he satisfies the court that his refusal is not attributable to the giving of that certificate or otherwise connected with the duty imposed by subsection (1) above.
Where, on an application made by a person who claims that his employer has failed to comply with this section in deducting or refusing to deduct any amount from emoluments payable to him, the court is satisfied that there has been such a failure it shall make a declaration to that effect.
Where the court makes such a declaration it may, if it considers it appropriate to do so in order to secure that the failure is not repeated, make an order requiring the employer to take, within such time as may be specified in the order, such steps in relation to emoluments payable by him to the applicant as may be so specified.
The court having jurisdiction for the purposes of this section shall be the county court or, in Scotland, the sheriff court.
This section has effect (with the omission of subsection (5)) in relation to employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown any functions conferred by any enactment as it has effect in relation to other employment.
Notes on the whole Act
Textual amendments
- F1
Act repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1