UK Supreme Court Rules Trade Union Law Breaches Workers’ Rights in Landmark Decision The Supreme Court has today ruled that trade union law in Britain breaches workers’ human rights failing to protect them from sanctions short of dismissal for taking part in industrial action. Mrs Mercer was a trade union representative and employee of Alternative Futures Group Ltd in the role of support worker. She was suspended during lawful strike action. She was paid basic pay losing out on overtime pay for overtime she would have otherwise worked, prevented from talking to her colleagues and was issued with a written warning. Proceedings were brought under Section 146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULCRA) claiming that she suffered a detriment short of dismissal for organising and participating in strike action. The Supreme Court was asked to determine whether TULCRA protected workers who take part in strikes during working hours from detriment short of dismissal. The Supreme Court Judges decided that the legislation did not do so because protection was only given to industrial action carried out “outside working hours”. It commented that Section 146 amounted to a lack of protection for workers and encouraged unfair and unreasonable conduct by employers. Judges held that the UK law is incompatible with Article 11 of the European Convention on Human Rights namely the right to freedom of association concluding that the law as it stands is in breach of human rights requirements. Taking the rare step of making a declaration of incompatibility, the court stated that “it fails to provide any protection against sanctions short of dismissal, intended to deter or penalise trade union members from taking part in lawful strike action organised by their trade union”. The UK Parliament will now consider making amendments to the legislation. Reflecting on the decision today, Orla Sheils of our Employment Law Department commented “This decision is hugely significant for trade union members and representatives engaging in industrial action and in the legal jurisdiction of Northern Ireland where Union busting is unfortunately a real issue in some workplaces, it should send a strong message to rogue employers who seek to punish their employees simply for engaging in lawful industrial action".

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