Mrs F Mercer v Alternative Furture Group Ltd and Others
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Choudhury |
| Neutral Citation | UKEAT/0196/20/JOJ |
| Subject Matter | Not landmark |
| Court | Employment Appeal Tribunal |
| Published date | 02 June 2021 |
Copyright 2021
Appeal No. UKEAT/0196/20/JOJ
EMPLOYMENT APPEAL TRIBUNAL
ROLLS BUILDING, 7 ROLLS BUILDINGS, FETTER LANE, LONDON, EC4A 1NL
At the Tribunal
On 6 May 2021
Judgment handed down on:
2 June 2021
Before
THE HONOURABLE MR JUSTICE CHOUDHURY (PRESIDENT)
(SITTING ALONE)
MRS F MERCER APPELLANT
(1) ALTERNATIVE FUTURE GROUP LIMITED RESPONDENTS
(2) MR I PRITCHARD
-and-
SECRETARY OF STATE FOR BUSINESS, ENERGY INTERVENER
& INDUSTRIAL STRATEGY
Transcript of Proceedings
JUDGMENT
FULL HEARING
UKEAT/0196/20/JOJ
APPEARANCES
For the Appellant MR MICHAEL FORD
One of Her Majesty’s Counsel
And
MR STUART BRITTENDEN
Of Counsel
Instructed by:
UNISON Legal Services
UNISON Centre
130 Euston Road
London
NW1 2AY
For the Respondents MR PETER EDWARDS
Of Counsel
Instructed by:
DWF LLP
5 St Paul’s Square
Old Hall Street
Liverpool
L3 9AE5
For the Intervener MR DANIEL STILITZ
One of Her Majesty’s Counsel
Instructed by:
The Secretary of State for Business
Energy and Industrial Strategy
Employment Group
102 Petty France
Westminster
London
SW1H 9GL
UKEAT/0196/20/JOJ
SUMMARY
TRADE UNION RIGHTS
Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 protects workers
against detriment related to taking part in the activities of an independent trade union. However, the
scope of trade union activities in that provision has been interpreted as not including industrial action.
The issue in this appeal is whether, having regard to the obligation under s.3 of the Human Rights
Act 1998, s.146 ought to be interpreted as if it did include protection against detriment related to
participation in industrial action. The Employment Tribunal found that whilst there was an
infringement of Article 11, ECHR, it was not possible to interpret s.146 compatibly as to do so would
go against the grain of the legislation.
Held, allowing the appeal, that the Tribunal was correct to conclude the failure to confer protection
against detriment for participating in industrial action does amount to an infringement of Article 11,
ECHR, but wrong to find that a compatible interpretation of s.146 would go against the grain of the
legislation. A compatible interpretation of s.146 is possible so as to include protection against
detriment for participating in industrial action within its scope.
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