Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] 2 WLUK 659

expel, exclude, s.174, trade union

Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] 2 WLUK 659 is an Employment Law case concerning Trade Unions and Industrial Action. 

Facts: 

A member of a trade union (ASLEF) had an active membership with the British National Party. As a result, ASLEF sought to expel the member as this was incompatible with the union’s stated aim of promoting equality of treatment. Consequently, the union member brought a claim of unlawful expulsion under s.174 of the Trade Union and Labour Relations (Consolidation) Act 1992. 

Issues:

However, was the member’s claim successful?  

Held:  

In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom, the Employment Appeal Tribunal held in favour of the member. However, ASLEF appealed against this decision.

Overall, the European Court of Human Rights held in favour of ASLEF. This was because Article 11(1) could not be interpreted as imposing an obligation on the associations or organisations to admit anybody who wanted to join them. Therefore, the member’s claim was unsuccessful.

References: [2007] 2 WLUK 659, [2007] I.R.L.R. 361, (2007) 45 E.H.R.R. 34, 22 B.H.R.C. 140, Times, March 9, 2007, [2007] C.L.Y. 2179

Read our notes on Trade Unions and Industrial Action and other cases for more information.