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The implications of Wilson and Palmer.

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Article

Ewing, Keith D.

Industrial Law Journal

2003

32

1

March

1-22

case law ; labour law ; trade union recognition ; trade unionization ; trade union ; workers rights ; trade union membership

United Kingdom

Human rights

English

"The decision of the European Court of Human Rights in the Wilson and Palmer case has far-reaching implications for British labour law. It is also the most significant decision so far on the scope of Article 11 of the ECHR. This article considers the changes to domestic labour law which will be required to give effect to the decision, and assesses its implications for labour law in the light of the Human Rights Act 1998. These relate in particular to the legal protection against discrimination for trade union membership and the right to be represented by a trade union in dealing with an employer. Questions are also raised about new rights for trade unions in addition to those of their members, as well as about the implications of the decision for the statutory recognition procedure. A particularly important feature of the case is the weight given by the Court to ILO Conventions and the European Social Charter in its deliberations. As a result the decision may have implications which extend well beyond its immediate facts."

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