Prior Trade Union Activities

The Employment Appeal Tribunal (EAT) has held that a pilot who was refused a job for being previously involved in trade union activities had protection from being refused employment due to trade union membership.

The pilot had previously carried out advocacy in relation to collective bargaining for the trade union, BALPA. However, he was not a member of the union when he was refused employment.

The EAT held that the meaning of trade union “membership” should be construed broadly. This was consistent with previous case law and the right to freedom of association under Article 11 of the European Convention on Human Rights and Fundamental Freedoms.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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