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UK employment law weekly: Supreme Court declares TULRCA s146 incompatible with ECHR; IR35 UT ruling; cross-border whistleblowing jurisdiction; equal pay procedure; ICO guidance; ET online downtime; key upcoming hearings

Published on: 18 April 2024

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Individual rights arising from trade union membership

Supreme Court issues declaration of incompatibility in lawful industrial action matter

In Secretary of State for Business and Trade v Mercer [2024] UKSC 12, the Supreme Court unanimously allowed the appeal and declared that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) is incompatible with Article 11 of the European Convention on Human Rights. The Court determined that s 146 TULR(C)A 1992 is the sole avenue by which the appellant could uphold their Article 11 right; however, the orthodox construction applied to section 146 bars that route, and it is this feature that is fundamentally objectionable. Commentary on the ramifications of the ruling is provided by David Reade KC, barrister at Littleton Chambers, Nick Chronias, Partner at DAC Beachcroft LLP, and Stuart Brittenden KC, barrister at Old Square Chambers...

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