UNISON v UK [2002] IRLR 497

• Unison appealed the (above) case, claiming that its inability to strike for this purpose was contrary to its freedom of association under Article 11 ECHR.

• ECtHR denied this, saying that although the outcome of s.244, thus interpreted, was a restriction on freedom of association, it could be justified by 11(2) as a proportionate measure. 

ECtHR Judgment

• Measures taken to prevent the strike concerned the rights of others, namely the Trust and its ability to carry out its functions would have been adversely affected by Unison's actions.

• The United Kingdom had not exceeded the margin of appreciation accorded to it in regulating trade union action and the prohibition on Unison's ability to strike was a proportionate measure necessary in a democratic society for the protection of the rights of others.

• Unison remained able to take strike action if the Trust dismissed employees or varied their contracts prior to the transfer and it could seek to take strike action against any transferring company that threatened the employment of its members.