The Court of Appeal has unanimously dismissed a trade union test case alleging that the UK’s legislative scheme governing trade union collective bargaining rights is not compliant with Article 11 of the European Convention on Human Rights.
The challenge arose from an industrial dispute between Boots and the PDAU. Boots refused to recognise the PDAU for collective bargaining purposes and contended that Boots was precluded from applying for compulsory recognition because Boots has already recognised another, non-independent, body for the purpose of collective bargaining.
The PDAU alleged that this state of affairs meant that the UK’s trade union legislation breached Art. 11, because the PDAU was not able to secure a right to engage in collective bargaining.
At first instance, accepting the submissions of the SoS, Keith J dismissed the PDAU’s claim for a declaration of incompatibility in respect of the UK’s legislative scheme on collective bargaining.
The Court of Appeal has now unanimously dismissed the PDAU’s appeal, holding in relevant part that:
– while collective bargaining is now to be regarded as within the scope of Art. 11, any right in respect of collective bargaining will necessarily be subject to conditions and restrictions,
– under the UK’s legislative scheme there was a mechanism by which the PDAU could have the incumbent, non-independent, union de-recognised. This would remove the impediment to the PDAU applying for compulsory recognition.
– Art. 11 was not breached because the right to trigger the de-recognition mechanism was granted to a worker or group of workers, rather than the trade union itself. What mattered for the purposes of Art. 11 compliance was that there was a reasonably practicable route for the PDAU to achieve recognition.
The Secretary of State was represented by Daniel Stilitz KC and Joseph Barrett of 11KBW at first instance and in the Court of Appeal.
A copy of the judgment can be found here.
