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Trade union membership protection for job applicants covers some activities (Jet2.com v Denby)

Trade union membership protection for job applicants covers some activities (Jet2.com v Denby)
Published on: 30 October 2017
Published by: LexisPSL
  • Trade union membership protection for job applicants covers some activities (Jet2.com v Denby)
  • Original news
  • What is the impact of this judgment?
  • What is the relevant background law?
  • Employment rights and trade unions
  • Rights relating to activities involving unions
  • Trade union blacklisting
  • What were the facts?
  • What did the employment tribunal decide?
  • What did the EAT decide?
  • More...

Article summary

Employment analysis: A job applicant has the right not to be refused employment because he is, or is not, a member of a trade union. In that context, protection extends to a job applicant who is refused employment because he takes part in activities that are the outward manifestation of union membership (such that to participate in those activities is an assertion of that membership). For example, if an applicant is refused employment because he had previously sought to be represented by a union in the workplace then he would be protected, according to the EAT. or take a trial to read the full analysis.

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