Claimant v Royal Mail Group Limited
Outcome
Individual claims
The claims were struck out under rule 38(1)(a) on the basis that they had no reasonable prospect of success. The Supreme Court in Mercer held that section 145A TULRCA, which concerns inducements relating to union membership or activities, does not include industrial action within 'activities of an independent trade union' at 'an appropriate time'. The tribunal found it had no jurisdiction to entertain these claims following binding Supreme Court authority.
Facts
1,885 claimants brought claims under section 145A TULRCA alleging Royal Mail offered unlawful inducements by implementing incentive schemes during November-December 2022 that required employees to work during strike days to receive enhanced payments. The claimants were members of the Communication Workers Union engaged in lawful industrial action during a dispute over pay and terms and conditions. Royal Mail offered the schemes due to operational demands during the Christmas peak period.
Decision
The tribunal struck out all claims under rule 38(1)(a) on the basis they had no reasonable prospect of success. Following the Supreme Court decision in Mercer, the tribunal found it had no jurisdiction to entertain claims under section 145A TULRCA concerning industrial action, as industrial action does not fall within 'activities of an independent trade union' at 'an appropriate time' under Part III of TULRCA.
Practical note
Section 145A TULRCA does not protect employees from inducements relating to participation in lawful industrial action following the Supreme Court decision in Mercer, leaving such claims without domestic legal remedy despite the declaration of incompatibility with Article 11 ECHR.
Legal authorities cited
Statutes
Case details
- Case number
- 1401254/2023
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
Claimant representation
- Represented
- Yes
- Rep type
- union