Mercer v Alternative Future Group Ltd [2021]

Posted In: Case Law
  • Decision Number
    UKEAT/0196/20/JOJ
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Collective and Trade Union Issues, Human Rights
Issues covered: Industrial Action; Freedom of Assembly and Association; Human Rights

The claimant was the workplace representative for her trade union. As part of that role, she was involved in organising strikes. She was subsequently suspended from work and faced disciplinary action. 

The argument by the claimant was that she was subjected to a detriment as a result of trade union activities. Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 [the GB equivalent of A.73 of the Employment Rights (NI) Order 1996 in NI] seeks to protect workers against detriment in relation to participation in trade union membership and activities

The ET held that Section 146 worked in a way to protect workers against detriment

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This article is correct at 15/06/2021
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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