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Protection against detriment covers taking part in unofficial industrial action (Ryanair DAC v Morais)

Published on: 24 November 2021
Published by: LexisPSL
  • Protection against detriment covers taking part in unofficial industrial action (Ryanair DAC v Morais)
  • What are the practical implications of this case?
  • What is the background?
  • Relevant law
  • Background facts
  • Decision of employment tribunal
  • What did the EAT decide?
  • 1. Do the rights conferred by the Blacklisting Regulations, SI 2010/493 apply in relation to participation in industrial action?
  • 2. Did the tribunal err in rejecting the respondent’s argument that its actions in Dublin were outside the scope of the Blacklisting Regulations, SI 2010/493?
  • 3. To the extent that trade union activities may include participation in industrial action for the purpose of either the Blacklisting Regulations, SI 2010/493 or TULR(C)A 1992, s 146 is that limited to cases where the action is ‘protected industrial action’ for the purposes of TULR(C)A 1992, Pt V?
  • More...

Article summary

Employment analysis: Under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) it is unlawful for an employer to subject a worker to any detriment, by any act or deliberate omission, where the sole or main purpose is to prevent or deter the worker from, or penalise them for, taking part in the activities of an independent trade union at an appropriate time. This protection applies to participation in industrial action irrespective of whether or not that action is ‘protected industrial action’ for the purposes of TULR(C)A 1992, Pt V. Under regulation 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (the ‘Blacklisting Regulations’) it is unlawful for an employer to subject a worker to a detriment for a reason relating to a prohibited list which comprises details of persons who have taken part in trade union activities. This protection (1) covers a list of those who have participated in industrial action, (2) applies irrespective of whether or not that action is ‘protected industrial action’ for the purposes of TULR(C)A 1992, Pt V, and (3) includes circumstances where the respondent’s actions took place outside Great Britain (eg at an overseas headquarters), according to the Employment Appeal Tribunal (EAT). or take a trial to read the full analysis.

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