- Protection from detriment for trade union activities includes industrial action (Mercer v Alternative Future Group)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: Under section 146 of 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. However, excluding participation in industrial action from such activities is a violation of the European Convention on Human Rights (ECHR) Article 11 right to freedom of association and assembly and, under the interpretative duty of section 3 of the Human Rights Act 1998, in order that section 146 can be read compatibly with Article 11, section 146 is to be read as encompassing participation in industrial action, according to the EAT.
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