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A new route for striking workers?

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07 March 2025 / Charles Pigott
Issue: 8107 / Categories: Features , Employment , Disciplinary&grievance procedures
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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

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