Secretary of State for Business and Trade v Mercer [2024]

  • Decision Number
    UKSC 12
  • Legal Body
    UK Supreme Court / House of Lords (UKSC/UKHL)
  • Type of Claim / Jurisdiction
    Collective and Trade Union Issues
Issues covered: Trade Union; Human Rights

Summary Description: 

Supreme Court ruling that Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 was contrary to the protections in Article 11 of the European Convention on Human Rights as there was no protection for action short of dismissal relating to those undertaking or organising lawful industrial action. 


The claimant was employed as a support worker by a care services providerShe was a workplace representative for her union, UNISON.   She was involved in planning lawful strike action.   She was suspended on normal pay during the strike action.   The issue was that she did not receive

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This article is correct at 09/05/2024

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

The main content of this article was provided by Jason Elliott BL. Email

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