miller_IISEAT2012
EAT TRADE UNION RIGHTS – BLACKLISTING – Trade union official pressures employer to recruit three named employees with a view to their acting as shop stewards – Relevant manager declines to recruit, as the Tribunal finds, because he resents being ‘bullied’ by the union and does not wish to be dictated to about whom to employ.
Held: that, on those findings as to the employer’s motivation, it had not refused employment because of the Claimants’ trade union membership, contrary to section 137 (1) of the Trade Union and Labour Relations (Consolidation) Act 1992, nor had the ‘mental list’ made by the employer been compiled for the purposes of discrimination within the meaning of regulation 3 of the Employment Relations Act 1999 (Blacklists) Regulations 2010 so as to give rise to a claim under regulation 5 – Observed that, although the Claimants failed on the facts as here found, tribunals would need to scrutinise carefully any such case advanced by an employer.
Observation, obiter, that if the employer had complied with the official’s request that would not have involved any breach of section 137 (4).
Underhill J
[2012] UKEAT 0244 – 12 – 0512
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 137(1), Employment Relations Act 1999 (Blacklists) Regulations 2010
England and Wales
Employment
Leading Case
Updated: 10 November 2021; Ref: scu.466573