The HR Forum

Hi all

This came through today on email from PLC a service which I sign up to and rate highly.  I thought it would be helpful for those Level 5 learners who as part of their employment law assignment are asked to disucss cases re Freedom of Asociation.

I hope this is of use

All the best

Sarah

Blacklisted trade unionist's application for breach of Article 8 rejected, breach of Article 11 inadmissible

The European Court of Human Rights (ECtHR) has rejected an application brought by a blacklisted trade unionist for breach of Article 8 (right to private life) of the European Convention on Human Rights, and has held that his application for breach of Article 11 (freedom of association) was inadmissible.

Mr Smith was one of many construction workers included in the blacklist operated by the Consulting Association and uncovered by the Information Commissioner's Office in 2009. An employment tribunal held that it did not have jurisdiction to hear his claims for detriment on either trade union or health and safety grounds. A class action in the High Court was settled. Mr Smith received compensation and an agreed statement was read in open court.

The ECtHR held that it had to reject Mr Smith's application under Article 8 because he could not claim to be a victim within the meaning of Article 34. He had been able to pursue a domestic civil remedy, had received compensation and had abandoned his claim for "just satisfaction" from the court. His application under Article 11 was held to be inadmissible because Mr Smith had not suffered a significant disadvantage, respect for human rights did not compel the court to examine the case and the case had been duly considered by a domestic tribunal. (Smith v UK 54357/15.)