Mercer v Alternative Future Group Ltd

Subject Matter

INDUSTRIAL RELATIONS — Trade union activities — Industrial action — Trade union representative suspended for planning strike — Claim of detriment on ground related to union activities — Whether “activities of an independent trade union” including industrial action — Whether failure to protect against detriment for taking part in industrial action infringement of Convention right of assembly and association — Whether possible to read provision compliantly — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 146 — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, art 11

UKEAT/196/20; [2021] ICR 1598, EAT

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 — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, art 11

[2022] EWCA Civ 379; [2022] ICR 1034; [2022] WLR(D) 135, CA

INDUSTRIAL RELATIONS — Trade union activities — Industrial action — Trade union representative planning and intending to participate in strike — Representative subsequently suspended — Claim of detriment on ground relating to union activities — Whether strike “activities of an independent trade union at an appropriate time” — Whether domestic legislation failing to provide protection from detriment to workers engaged in lawful strike action — Whether affording adequate protection under Convention right to assembly and association — Whether possible to read provision compliantly — Whether declaration of incompatibility to be granted — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 146 — Human Rights Act 1998 (c 42), ss 3, 4, Sch 1, Pt I, art 11

[2024] UKSC 12; [2024] ICR 814; [2024] 4 All ER 1; [2024] IRLR 599; [2024] WLR(D) 165; The Times, 3 June 2024, SC(E)

Appellate History

Commentary

UK Labour Law
Protection for striking workers: is there an end to the UK anomaly because of Mercer v Alternative Futures Group Protection? Case comment

Guildhall Chambers
Can workers be subjected to detriment for participating in lawful industrial action? The Supreme Court decision in Mercer Case comment

UK Constitutional Law Association
The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12 Case comment