The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it.
Held: The Act did not protect the employees rights of association as guaranteed by article 11. The freedom to be a trade union member received special protection. The absence of an obligation on employers to enter into collective bargaining agreements did not infringe the right of free association, but the UK law did allow employers to treat less favourably employees wanting to exercise their rights to be members of trade unions, and that was a breach. Art 11 could not be read to oblige public authorities to provide a legal mechanism to compel an employer to enter into negotiations with a particular trade union.
Judges:
J-P Costa, President and Judges A. Baka, G. Jorundsson, K. Jungwiert, M. Ugrekhelidze, A. Mularoni and Lord Phillips of Worth Matravers, ad hoc judge Section Registrar S. Dolle
Citations:
Times 05-Jul-2002, 30668/96, [2002] ECHR 547, 30671/96, Times 05-Jul-2002, [2002] IRLR 568, [2011] ECHR 1654
Links:
Statutes:
Employment Protection (Consolidation) Act 1978 23(1)(a), European Convention on Human Rights 11
Jurisdiction:
Human Rights
Citing:
Cited – Gustafsson v Sweden ECHR 25-Apr-1996
Hudoc No violation of Art. 11; No violation of Art. 6-1; No violation of Art. 13; No violation of P1-1
The right to freedom of association under article 11 of the European Convention on Human Rights includes . .
Cited by:
Cited – Regina (National Union of Journalists) v Central Arbitration Committee Admn 19-Nov-2004
The NUJ appealed refusal of collective negotiating rights with the Daily Mirror, having a majority of the members in the sports division. The paper had previously given exclusive rights to a competing union. At the time of the hearing the competing . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 June 2022; Ref: scu.174181
