Resolution CM/ ResDH (2011)181 [1]

Execution of the judgment of the European Court of Human Rights

Associated Society of Locomotive Engineers and Firemen (ASLEF) against the United Kingdom

(Application No. 11002/05, judgment of 27 February 2007, final on 27 May 2007)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the prevention of an independent trade union, under section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992, from expelling a member due to his membership of a political party advocating views incompatible with those of the trade union (violation of Article 11) (see details in Appendix);

Having invited the government of the United Kingdom to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in its judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)181

Information on the measures taken to comply with the judgment in the case of Associated Society of Locomotive Engineers and Firemen (ASLEF) against the United Kingdom

Introductory case summary

This case concerns the prevention of an independent trade union, under section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992, from expelling a member due to his membership of a political party advocating views radically incompatible with those of the trade union (violation of Article 11).

The Court noted that just as an employee or worker should be free to join, or not to join, a trade union without being sanctioned, so should the trade union be equally free to choose its members (§39 of the judgment). The Court concluded that in this case, the state had not struck the proper balance between the rights of the member in question and those of the applicant trade union (§§ 51 and 52 of the judgment).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

53 900 EUR

53 900 EUR

Paid on 24/08/2007

b) Individual measures

The individual measures required in this case are linked to the general measures (see below). The applicant trade union may now reassess the situation of the member. Consequently, no other individual measure is considered necessary by the Committee of Ministers.

II. General measures

The United Kingdom took measures to amend the Trade Union and Labour Relations (Consolidation) Act 1992 by amending section 174 and related provisions. All requisite amendments were made via the Employment Act 2008 which received Royal Assent on 13 November 2008. Section 19 of the Act amends section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992 to permit the expulsion of an individual from a trade union on grounds of their membership of a political party, so long as:

- membership of that political party is contrary to a rule or an objective (provided the objective is reasonably practicable to ascertain) of the trade union;

- the decision to expel is taken fairly and in accordance with union rules;

- and the individual does not lose his livelihood or suffer other exceptional hardship by reason of not being or ceasing to be a member of the trade union.

The judgment was published in the Industrial Relations Law Reports [2007] IRLR 361, The Times Law Reports (2007) 09/03/2007, Butterworths Human Rights Cases 22 BHRC 140, and All England Reports [2007] All ER (D) 348 (February).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies