Sue Your Union for Breach of Contract

You pay union dues expecting professional representation and support. When your union fails to fulfill the promises in its membership agreement - whether by refusing to represent you, providing inadequate assistance, or breaching specific contractual terms - you can sue them for breach of contract in the County Court.

This isn't about political disagreements or union democracy. This is about enforcing a straightforward commercial contract: you pay money, the union provides specific services. When they don't deliver what they promised, you have legal grounds to claim compensation.

The Union Membership Contract

When you join a trade union, you enter into a contract with that organization. This contract is formed by:

Union Rulebook

Every union has a rulebook setting out members' rights and the union's obligations. This forms the core terms of your contract. Common provisions include:

• Right to representation in workplace disputes
• Right to legal assistance for employment matters
• Procedures for accessing union services
• Standards of representation you're entitled to
• Financial benefits and strike pay entitlements
• Timelines for union response to member requests

Membership Agreement

When you joined, you likely signed a membership form or clicked "accept" on online terms. This agreement incorporates the rulebook and adds specific terms about:

• Subscription rates and payment terms
• Services you're entitled to access
• How to invoke union support
• Dispute resolution procedures

Union Constitution

The union's constitution sets out governance structures and member rights. While more concerned with internal democracy, it can contain enforceable contractual terms about how the union must treat members.

Common Union Breaches of Contract

Unions can breach their membership contracts in various ways. Here are grounds for legal action:

Failure to Provide Representation

The most common breach occurs when unions refuse or fail to represent members in workplace disputes despite contractual obligations to do so. This includes:

• Refusing to take up a grievance without valid reason
• Abandoning your case mid-process
• Failing to assign a representative when entitled to one
• Not attending disciplinary hearings when required
• Refusing to pursue an appeal you're entitled to

Inadequate or Negligent Representation

When unions do represent you but do it badly, breaching their duty to provide competent assistance:

• Representative arrives unprepared to hearings
• Fails to present your evidence or arguments
• Misses key deadlines causing your case to fail
• Gives you incorrect advice leading to losses
• Doesn't follow up on promised actions

Denial of Benefits You've Paid For

Union rulebooks promise specific benefits in exchange for dues. Denying these is breach of contract:

• Refusing legal support for employment tribunal claims
• Not providing strike pay during authorized industrial action
• Denying access to union lawyers or advice services
• Refusing funeral benefits or other financial assistance promised in rules
• Not providing educational or training benefits offered to members

Misuse of Membership Dues

If your union uses subscription money in ways prohibited by its own rules or contrary to what was promised:

• Using funds for purposes outside the rulebook
• Making political donations you didn't consent to
• Excessive spending on executive salaries or perks
• Failing to maintain proper accounts as required by rules

Breach of Procedural Rules

Unions must follow their own procedures when dealing with members:

• Not giving required notice of meetings or decisions affecting you
• Failing to provide appeal processes promised in rules
• Making decisions without following required consultation
• Denying your right to vote on matters rulebook says require ballot

Discrimination or Unfair Treatment

While unions have some discretion in how they operate, they must treat members equally as per their rules:

• Providing better representation to some members than others
• Denying services based on factors outside the rulebook
• Retaliating against members who complained
• Prioritizing certain cases without justification in rules

What You Can Claim For

When suing your union for breach of contract, you can claim various types of compensation:

Direct Financial Losses

Money you lost as a direct result of the union's breach:

• Lost employment - If inadequate representation led to dismissal, claim lost wages until you find equivalent work
• Reduced settlement - If poor representation resulted in accepting less than you should have in a workplace dispute
• Tribunal costs - Legal fees you incurred because union wrongly denied legal support
• Lost benefits - Value of benefits the union contractually owed but didn't provide

Wasted Subscription Fees

If the union fundamentally failed to provide what you paid for, you can claim refund of membership dues for the relevant period. For example, if you paid £400/year for three years but union refused to represent you at all, potentially claim £1,200.

Consequential Losses

Additional costs flowing from the breach:

• Cost of hiring private representation after union refused
• Travel expenses for hearings you had to attend alone
• Medical costs if union breach caused stress-related illness
• Training or relocation costs if you had to change careers

Distress and Inconvenience

Courts can award modest compensation (typically £500-£2,000) for the stress and anxiety caused by union breaches, particularly where breach resulted in job loss or serious workplace problems.

Proving Your Union Breach Case

Success requires clear evidence showing what the union promised and how they failed to deliver. Gather:

The Contract Documents

• Union rulebook (download from website or request copy)
• Your membership agreement or joining forms
• Union constitution and any policies referenced in rules
• Membership cards or certificates showing you're a member
• Receipts or bank statements proving you paid dues

Communications With the Union

• Your requests for representation or assistance
• Union's responses (or lack of response)
• Emails or letters from union representatives
• Meeting notes or minutes from discussions
• Any reasons given for refusing support

Evidence of the Underlying Issue

• Your workplace grievance or disciplinary paperwork
• Employment tribunal claim forms
• Documents showing the workplace issue you needed help with
• Timeline of events showing when you sought union assistance

Evidence of Loss

• Dismissal letters or settlement agreements
• Pay slips showing lost earnings
• Invoices for legal representation you paid for yourself
• Quotes showing cost to fix the situation union should have prevented
• Medical records if stress-related illness resulted

Witness Evidence

• Colleagues who saw union's failure to represent
• Other union members aware of the breach
• Workplace representatives who witnessed events
• Anyone present at meetings where union refused assistance

Common Union Defenses

Unions facing breach of contract claims raise predictable defenses. Here's how to counter them:

"We Have Discretion Over Which Cases to Take"

While unions aren't obligated to pursue every grievance, they must exercise discretion reasonably and consistently with their rules. If rulebook says you're entitled to representation in disciplinary matters, they can't refuse without proper justification. Arbitrary or discriminatory refusal is still breach of contract.

"Your Case Had No Reasonable Prospects"

Unions can decline hopeless cases, but they must make this assessment properly. If they refused without properly investigating your case, without taking legal advice, or based on incorrect facts, this defense fails. You can show other similar cases were supported, proving yours wasn't objectively hopeless.

"You Didn't Follow Our Internal Complaints Procedure"

Many rulebooks require members to exhaust internal union appeals before suing. If you didn't do this, the union may argue your claim is premature. However, if the internal process is unfair, unreasonably slow, or obviously futile, courts may allow you to proceed anyway. Check if you exhausted available internal remedies.

"We Provided Adequate Representation"

Unions argue their representative attended hearings and made submissions, so they fulfilled obligations. Counter this by showing specific failures: unprepared representative, failure to present key evidence, missing crucial arguments, not following up on promised actions. Compare to what competent representation would have done.

"You're Not Entitled to That Under the Rules"

Union may claim the benefit you're demanding isn't actually in the rulebook. This requires careful analysis of the rules. Bring the specific clause promising what you seek. If wording is ambiguous, argue for interpretation favorable to members.

"This Is a Political Dispute, Not Contractual"

Unions try to characterize complaints as political disagreements with union policy rather than contractual breaches. Courts see through this if you can point to specific contractual obligations that weren't met. Focus on "you promised X in writing, you didn't deliver X, I suffered loss Y."

The Legal Basis for Suing Your Union

Understanding the legal framework strengthens your position:

Contract Law Applies Fully

Despite being membership organizations, unions are subject to ordinary contract law. When you pay dues in exchange for services, that's a commercial contract courts will enforce just like any other.

Rulebook as Contract Terms

Courts treat union rulebooks as incorporated contract terms. Every provision about member rights and union obligations is legally binding. Case law establishes unions must comply with their own rules.

Duty of Good Faith

Beyond specific written terms, unions owe members an implied duty of good faith. They must act honestly, fairly, and in members' interests when exercising discretion. Arbitrary or malicious conduct breaches this duty.

No Special Immunity

Unions have no special legal protection from breach of contract claims. They can be sued like any other organization that fails to deliver promised services.

Small Claims Court Process

Taking your union to court follows standard procedures:

Step 1: Internal Union Complaint

Most rulebooks require internal complaint before external legal action. File formal complaint using union's grievance procedure. Give them reasonable time (usually 28 days) to respond. Keep copies of everything you submit.

Step 2: Internal Appeal (If Applicable)

If initial complaint is rejected, pursue any internal appeal process the rules require. Exhaust these internal remedies before going to court, unless the process is obviously unfair or futile.

Step 3: Letter Before Action

Send formal letter to union's registered office stating:

• What contractual obligations they breached
• Specific rulebook clauses violated
• Evidence of breach
• Losses you suffered
• Compensation demanded
• 14 days to settle before court proceedings

Step 4: File Court Claim

If union doesn't settle, file claim form N1. In particulars of claim:

• Explain how union membership created a contract
• Quote specific terms from rulebook they breached
• Detail chronology of events showing breach
• Prove your losses with evidence
• Specify exact compensation sought

Step 5: Union's Defense

Union has 14 days to file defense. They'll likely argue they didn't breach, or breach didn't cause your losses, or claim is outside their obligations. Your evidence bundle must address their defenses.

Step 6: Hearing

Small claims hearings are relatively informal. Bring:

• Copy of union rulebook with relevant sections highlighted
• All communications with union
• Evidence of membership and dues payments
• Proof of losses
• Witness statements if applicable

Explain clearly: "The rulebook says [X]. I paid dues. The union didn't do [X]. As a result, I lost [Y]. I'm claiming compensation of [Z]."

Step 7: Judgment and Enforcement

If you win, the court orders union to pay. If they don't pay voluntarily, use enforcement options like High Court enforcement officers or attachment to union bank accounts.

Specific Scenarios: Representation Failures

The most common breach involves unions failing to represent members properly. Different scenarios have different considerations:

Refused Representation in Disciplinary

You faced disciplinary action. Union rulebook says you're entitled to representation. Union refused. You were dismissed or sanctioned without union support.

Your claim: If you can show union representation would likely have prevented dismissal or achieved better outcome, claim lost earnings from date of dismissal until you find equivalent work, plus distress.

Representative Didn't Show Up

Union agreed to represent you but representative didn't attend the hearing, or attended unprepared. You lost the case due to lack of proper representation.

Your claim: The difference between the outcome you got and the outcome you would have achieved with proper representation. This might be lost job, reduced settlement, or other disadvantages.

Union Advised You Wrongly

Union representative gave you advice that turned out to be incorrect, and following it caused you loss. For example, advised you couldn't appeal when you could, or advised accepting inadequate settlement.

Your claim: Loss caused by relying on bad advice - opportunity to appeal you missed, additional money you could have obtained, etc.

Union Abandoned Your Case Mid-Process

Union started representing you then withdrew support partway through, forcing you to continue alone or hire private representation.

Your claim: Cost of alternative representation, plus any worse outcome resulting from disruption to your case.

Time Limits for Suing Your Union

You have 6 years from the breach to file a claim. The clock starts when:

• Union definitively refused to represent you
• Your workplace case concluded without proper union support
• You discovered the union failed to do what they promised
• Benefit you were entitled to was denied

However, don't wait. Evidence becomes stale, witnesses' memories fade, and proving causation gets harder over time. Aim to act within months of the breach.

Court Costs and Fees

Taking your union to court costs the same as any small claims case:

• Claims up to £300: £35 court fee
• £300.01 - £500: £50
• £500.01 - £1,000: £70
• £1,000.01 - £1,500: £80
• £1,500.01 - £3,000: £115
• £3,000.01 - £5,000: £205
• £5,000.01 - £10,000: £455

If you win, the union pays your court fees back plus your claim amount. Fee remission available if you receive certain benefits.

Can Your Union Expel You for Suing?

Legally, unions cannot expel members solely for bringing legitimate breach of contract claims. Trade Union and Labour Relations Act 1992 protects members from arbitrary expulsion.

If your union tries to expel you for suing them, this itself may be unlawful and you'd have additional claims under employment law statutes protecting union members' rights.

Practically, most unions won't risk the bad publicity of victimizing members who sue. They'll defend the case on its merits rather than retaliate.

Alternatives to Court Action

Before suing, consider these options:

Union Complaints Procedure

Exhaust internal complaints processes. Some unions have independent review bodies that can order compensation or require union to provide representation. This is quicker and cheaper than court.

Certification Officer

The Certification Officer regulates unions and can investigate complaints about union governance, elections, and financial matters. Free to use, but limited to specific types of complaints about union rule violations.

Mediation

Propose mediation to union. ACAS offers free mediation services. Less confrontational than court and can preserve union relationship while resolving dispute.

Ombudsman Schemes

Some unions participate in alternative dispute resolution schemes. Check if your union belongs to any ombudsman or independent review service.

However, if these don't work or union refuses to engage, court action remains available and effective.

Proving Causation: The Tricky Part

The hardest element of union breach cases is proving the breach caused your loss. You must show:

"But For" Test

But for the union's breach, you wouldn't have suffered the loss. If union had represented you properly, you would have won your disciplinary hearing, kept your job, received better settlement, etc.

Evidence to Prove Causation

• Expert opinion - Employment lawyer's view that proper representation would likely have succeeded
• Similar cases - Examples of comparable situations where union representation succeeded
• Employer's case weakness - Evidence showing employer's case against you was weak and proper representation would have exposed this
• Procedural errors - Employer made procedural mistakes that competent representative would have identified
• Missing evidence - Key evidence in your favor that representative failed to present

Courts don't require absolute certainty - just reasonable probability that proper representation would have changed the outcome.

Documentary Evidence You Need

Build your evidence bundle carefully:

Union Documents

• Complete rulebook (current version when breach occurred)
• Membership certificate or confirmation
• Subscription payment records
• Union policies on representation
• Any guarantee or service standard documents

Communications

• Your initial request for union assistance (date-stamped)
• All emails, letters, texts with union representatives
• Records of phone calls (if you kept notes)
• Union's refusal or inadequate response
• Follow-up requests and union's continued failure

Workplace Documentation

• Disciplinary invitation letter
• Grievance paperwork
• Hearing notes or recordings
• Outcome letters (dismissal, sanction, etc.)
• Appeal documents
• Employment tribunal papers if applicable

Financial Records

• Final payslips showing lost earnings
• Job search records demonstrating mitigation efforts
• Invoices if you paid for private representation
• Benefits statements showing impact on income

Why JustClaim Helps

Suing a union involves unique complexities - you're claiming against an organization that should be protecting you, rules are often complex, and proving representation failures requires specific evidence.

JustClaim's AI handles these complications:

• Rulebook analysis - Identifies which specific clauses the union breached
• Causation arguments - Helps you build evidence showing union breach caused your loss
• Damages calculation - Quantifies your losses accurately, including hard-to-value items like lost career progression
• Legal documents - Generates letters and court forms that frame your union contract claim compellingly
• Defense anticipation - Prepares responses to common union defenses
• Evidence organization - Creates professional bundle presenting your proof clearly

Take Action Today

You joined your union for protection. You paid your dues faithfully. When the union failed to deliver on its promises, you suffered real consequences - lost job, reduced settlement, stress, financial hardship.

Unions are not above the law. They have contractual obligations to their members, and when they breach those obligations, members can and should hold them accountable through the courts.

Don't let your union escape responsibility for its failures. Start your claim now and recover the compensation you're entitled to for their breach of contract.