The Supreme Court was recently asked to consider whether s146 Trade Union & Labour Relations (Consolidation) Act 1992 (TULRCA) protected striking workers from ‘detriment short of dismissal.”
Why was the Supreme Court involved?
An employee was suspended on basic pay (resulting in a loss of overtime pay) and given a written warning after she was involved in planning and taking part in lawful strike action.
The employee brought a claim under s146 TULRCA claiming detriment short of dismissal for organising and participating in the strike action. The Supreme Court is the final level of appeal after the Employment Tribunal, Employment Appeals Tribunal and the Court of Appeal.
Why did the Supreme Court find UK law in breach?
The Court ruled that s146 TULRCA did not provide protection for detriment short of dismissal for taking part in or organising industrial action, so the Claimant could not bring her claim under s146.
However, importantly, they came to conclusion that this lack of protection encouraged unfair and unreasonable conduct by employers, placing the UK in breach of its obligations under article 11 of the Convention (the right to freedom of association).
The ball is now in UK Parliament’s court to consider legislative amendments and bring the UK into line.
Further reading
The law on strikes and industrial action – ACAS
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