A new route for striking workers?

07 March 2025 / Charles Pigott

Issue: 8107 / Categories: Features , Employment , Disciplinary&grievance procedures

Could a recent ruling plug the gap in remedies for trade union detriment claims? Charles Pigott considers the scope of the Blacklisting Regulations

The Court of Appeal ruling in Morais and others v Ryanair DAC [2025] EWCA Civ 19 has opened a way for striking workers who have been subject to detrimental treatment because of their participation in official industrial action to recover compensation from their employers.

The Court of Appeal’s ruling in Morais and others v Ryanair DAC [2025] EWCA Civ 19 has revealed a new legal route for trade union detriment claims based on the Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493) (the Blacklisting Regulations).

Since last year’s Supreme Court ruling in Secretary of State for Business and Trade v Mercer [2024] UKSC 12, it has been clear that workers who have taken part in industrial action are not protected from detriment under s 146, Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992). Separate TULRCA 1992 provisions apply to protect workers

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

A new route for striking workers?

Could a recent ruling plug the gap in remedies for trade union detriment claims? Charles Pigott considers the scope of the Blacklisting Regulations

The Court of Appeal ruling in Morais and others v Ryanair DAC [2025] EWCA Civ 19 has opened a way for striking workers who have been subject to detrimental treatment because of their participation in official industrial action to recover compensation from their employers.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS

Read All

Stress at work for corporate counsel

One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)

Chancery Lane says no to LeO

The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers

Human rights concerns for patients, prisoners & immigration detainees

Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned

Licensing fast-track for conveyancing & probate professionals

Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals

Stress at work? Join the (employment tribunal claim) queue

Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace

Error message

A new route for striking workers?

MOVERS & SHAKERS

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Gibson Dunn—London partner promotions

Shakespeare Martineau—six appointments