Ltd v Denby [2017]

Posted In: Case Law
  • Case Reference
    UKEAT 0070_17_2510
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Collective and Trade Union Issues, Recruitment and Selection
Issues covered: Trade Union Membership; Refusal of Employment; Interpretation of section 137(1) (a) of the Trade Union and Labour Relations (Consolidation) Act 1992; Compatibility with ECHR; Freedom of Association

This appeal concerns a complaint under section 137(1) (a) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) (GB) regarding a refusal to employ because of trade union membership. The Employment Appeal Tribunal was tasked with interpreting the meaning of trade union membership and whether the decision of the Employment Tribunal was adequately reasoned given the particular facts of the case.

The claimant was employed by the respondent, a leading leisure airline company, and was also a member of the pilots' trade union, BALPA. The claimant ceased employment with the respondent to avail of an alternative opportunity with an airline in the Middle East. A few years later he

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This article is correct at 02/11/2017

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