Resolution CM/ ResDH (2011)183 [1]

Execution of the judgment of the European Court of Human Rights

Wilson, the National Union of Journalists & others; Palmer, Wyeth & the National Union of Rail, Maritime & Transport Workers and Doolan & others against the United Kingdom

(Applications Nos. 30668/96, 30671/96 and 30678/96, judgment of 2 July 2002, final on 2 October 2002)

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 failure of the state in its positive obligation to secure freedom of association by permitting employers to use financial incentives to induce employees to surrender important union rights (violation of Article 11) (see details in Appendix);

Having invited the government of the respondent state 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 plicants 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 by the Court 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

- of 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 close the exam ination of this case.

Appendix to Resolution CM/ ResDH (2011)183

Information about the measures to comply with the judgment in the case of

Wilson, the National Union of Journalists & others; Palmer, Wyeth & the National Union of Rail, Maritime & Transport Workers; and Doolan & others

against the United Kingdom

Introductory case summary

The case concerns the failure of the state in its positive obligation to respect rights guaranteed by Article 11, by permitting employers to use financial incentives to induce employees to surrender important union rights (violation of Article 11). In 1991, the individual applicants refused to sign new, individual contracts of employment offering a wage increase in return for renouncing the right to be represented by their trade unions. As a consequence their salaries fell below those of their colleagues who had signed such contracts.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

--

85 030 EUR

122 250 EUR

145 440 EUR

Paid on 16/12/2002 and 27/05/2003

b) Individual measures

The European Court awarded each individual applicant just satisfaction in respect of non-pecuniary damage.

Consequently, no other individual measure was considered necessary by the Committee of Ministers (see general measures below).

II. General measures

The Employment Relations Act 2004 was enacted on 16/09/2004. Part III of the Act, which came into force on 01/10/2004, deals with inducement and detriments in respect of membership of independent trade unions. It provides, inter alia , that workers have a right not to have an offer made to them for the sole or main purpose of inducing them to renounce union membership or activities. In the event that such an offer is made to a worker, the worker (or the former worker) may bring a complaint before an employment tribunal.

The judgment of the European Court was published in the European Human Rights Reports at (2002) 35 EHRR 523; Industrial Relations Law Reports at [2002] IRLR 568; and appeared in The Times Law Reports on 05/07/2002.

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted 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