Negligence claim struck out

The High Court in the case of Nistor & anor v Usdaw [2024] EWHC 1165 (KB) has struck out a negligence claim against the Usdaw shopworkers’ union brought by two of its members.

The case arose out of a Tesco reorganisation in which some workers agreed to a transfer of location. They benefited from “retained pay”, negotiated by Usdaw, which these claimants didn’t qualify for.

They accused Usdaw of failing to protect members’ interests and entering into unlawful agreements, bringing various claims of negligence and discrimination under the Equality Act 2010.

Usdaw applied for the claims to be struck out and/or asked for a “summary judgment” in the case. The High Court agreed, finding no reasonable grounds for the negligence claims and that there was no breach of the Equality Act. The claimants were warned that bringing similar claims could lead to an Extended Civil Restraint Order.