Mercer v Alternative Future Group Ltd [2022]
Decision Number: EWCA Civ 379 Legal Body: Court of Appeal (England and Wales)
Published on: 30/03/2022
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
LinkedIn

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimant, as a trade union representative, had been involved in organising a series of strikes.  During a strike period the claimant was suspended from work and disciplinary proceedings were brought against her.  The respondent suggested the claimant had twice abandoned her shift without permission and spoke to the press about strike action without any permission or authorisation.  The disciplinary action took its course, and the claimant was given a written warning.  The claimant subsequently brought proceedings under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 which relates to detriment suffered as a result of trade union membership or activities.

The issue in this case related to the interpretation of activities of an independent trade

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

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. This article is correct at 30/03/2022