Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer: HL 31 Mar 1995

The Daily Mail had recognised the Union to which their journalists belonged. They wanted to end this arrangement, and offered a better rate of pay to non-members. The union said this was an unlawful action taken because of union membership. Similar issues arose in Palmer.
Held: It was lawful to refuse pay increases to those employees who did not accept non-union contracts and abandon their collective bargaining rights. It was not a deterrence to union membership.

Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick
Times 31-Mar-1995, Independent 05-Apr-1995, Gazette 03-May-1995, [1995] UKHL 2, [1995] ICR 406, [1995] 2 All ER 100, [1995] IRLR 258, [1995] 2 AC 454, [1995] 2 WLR 354
Employment Protection (Consolidation) Act 1978 23(1)(a)
England and Wales
Appeal fromAssociated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson CA 5-May-1993
In a case where union member employees were not granted the same pay rise as was given to non-union members they were not personally treated worse for their trade union membership. . .
At EATAssociated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson EAT 23-Jul-1992
It was wrongful treatment to give differential pay rises according to whether or not an employee chose to be a member of a trade union. An offer of personal contracts to abandon union membership was not a penalty. . .
CitedNational Coal Board v Ridgway CA 1987
The Board employed miners belonging to two rival unions, the National Union of Mineworkers (‘the NUM’) and the Union of Democratic Mineworkers (‘the UDM’), at the same colliery. The Board agreed to pay increased wages to members of the UDM but not . .
CitedFarrell v Alexander HL 24-Jun-1976
The House considered the construction of a consolidation Act.
Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the . .

Cited by:
CitedUnison v Allen and others EAT 26-Jul-2007
EAT Equal pay Act – Out of time
The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with . .
CitedBuckwell v Ashfield District Council EAT 14-Mar-2002
The appellant had been a housing officer employed by the respondent and was an official of his Union. He attended (while off work through sickness) a meeting of local tenants opposed to the Council’s policies. He was suspended pending a . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 10 November 2021; Ref: scu.77925