We’ve found another “protected characteristic” that employers of all sizes need to be aware of.
Last week, we were advising a golf club that wanted to dismiss an employee with under two years’ service. There were personality clashes. He was 39 years old, white, male – no obvious protected characteristics which could lead to a tribunal claim – so we gave the green light to proceed with termination.
Then came the curveball: a claim from the employee seeking £28,000 in compensation, alleging he was dismissed because of his union membership.
Union membership? In our world, that’s extremely rare. Honestly, we assumed he’d made it up.
So we double-checked with the client: “Did you know anything about him joining a union?”
Cue the bone-chilling reply:
“Yes, he sent me a text a few weeks before we terminated him, saying he was joining a union.”
Why bone-chilling? Because dismissal or poor treatment because of union membership counts as automatic unfair dismissal. And here’s the key point: there is no minimum service requirement. That means an employee doesn’t need two years’ service to bring a valid claim – they’re protected from day one.
And it doesn’t help to say, “That wasn’t the reason we dismissed him.” You need clear evidence showing the real reason for dismissal – just as you would if you were dismissing a pregnant employee. The burden of proof is high.
In this case, because we weren’t aware of the union membership when discussing the situation with the client, there’s almost no record proving the dismissal was for reasons other than union activity. Under two years’ service, you usually don’t need a paper trail – a simple “it’s not working out” is usually enough. But not when protected rights are involved.
So, if someone has even mentioned a union, and you’re asked, “Do they have any protected characteristics?”, make sure you flag it. It may turn out to be nothing, but it might just cost you £28,000.
