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The judgment of the European Court of Human Rights in the ASLEF v UK Case: implications for Trade Union law

Starting Date: 16-05-07

Closing Date: 08-08-07

On 27 February 2007, the European Court of Human Rights issued a judgment in the case of Aslef v the United Kingdom. The case concerns the freedom of trade unions under GB law to expel or exclude individuals on the grounds of their political party membership, and the Court concluded that the relevant part of GB law violated Article 11 of the European Convention on Human Rights.

The summary findings from the consultation are:

• The Government reaffirms its view that the Trade Union and Labour Relations (Consolidation) Act 1992 must be amended;
• The consultation document put forward two options - A and B - to amend the 1992 Act. The Government has concluded that Option A should be pursued; and
• The Government does not consider that any other changes to the 1992 Act are required in order to achieve compliance with the European Convention on Human Rights in response to the judgment.

The Government response to the consultation is attached below. The Government intends to use the Employment Bill to implement its proposal to amend the 1992 Act.

Consultation Documents

• ECHR judgment in Aslef v UK case: implications for trade union law. Consultation document (189KB)

Consultation Responses

• ECHR judgment in the Aslef v UK Case: implications for trade union law. Government response to public consultation (91KB)