The Industrial Cases Reports
[2022] ICR 1034
Court of Appeal
Mercer v Alternative Future Group Ltd and another
[2022] EWCA Civ 379
2022 Jan 27;
March 24
March 24
Lord Burnett of Maldon CJ, Bean, Singh LJJ
Industrial relations— Trade union activities— Industrial action— Trade union representative planning and intending to participate in strike— Representative subsequently suspended— Claim of detriment on grounds relating to union activities— Whether “activities of an independent trade union” in domestic legislation providing workers protection from detriment including industrial action— Whether provision affording adequate protection under Convention right to assembly and association— Whether possible to read provision compliantly—
Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 146
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Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, art 11