THE PROTECTION OF THE INDIVIDUAL RIGHT TO STRIKE UNDER ARTICLE 11 AND IN DOMESTIC LAW: THE JOURNEY TO MERCER

Stuart Brittenden, Old Square Chambers

This session explored the extent of the domestic protections available to workers from detriment and dismissal for organising and participating in industrial action through the lens of Article 11 ECHR. Following the recent Court of Appeal ruling in Mercer v Alternative Future Group Ltd, what is protected and what isn’t? Can the interpretative obligation under s. 3 HRA 1998 bear the weight to resolve any incompatibility? If not, what is next on the horizon, or is the whole area in need of a re-think? …

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