Trade Union Rights – Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 protects workers against detriment related to taking part in the activities of an independent trade union. However, the scope of trade union activities in that provision has been interpreted as not including industrial action. The issue in this appeal is whether, having regard to the obligation under s.3 of the Human Rights Act 1998, s.146 ought to be interpreted as if it did include protection against detriment related to participation in industrial action. The Employment Tribunal found that whilst there was an infringement of Article 11, ECHR, it was not possible to interpret s.146 compatibly as to do so would go against the grain of the legislation.
Held, allowing the appeal, that the Tribunal was correct to conclude the failure to confer protection against detriment for participating in industrial action does amount to an infringement of Article 11, ECHR, but wrong to find that a compatible interpretation of s.146 would go against the grain of the legislation. A compatible interpretation of s.146 is possible so as to include protection against detriment for participating in industrial action within its scope.
[2021] UKEAT 0196 – 20 – 0206
Bailii
England and Wales
Updated: 20 June 2021; Ref: scu.663128
