Union tests law


The RMT rail union union is using the Employment Relations Act 1999 (Blacklists) Regulations 2010 to challenge an employer who denied union members their right to backdated holiday pay because they were taking part in industrial action. 


The GWR Ltd train operating company agreed to give workers backdated holiday pay following a legal ruling. But it refused to pay those taking part in industrial action unless they stopped participating in the action. 


The RMT is supporting employment tribunal claims brought by those workers under the blacklisting law, which bans the compiling, supply, sale or use of lists of union activists for the purpose of discriminating against them. 


GWR Ltd sought to have the claims struck out but a judge has ruled that it is an arguable case that should proceed to a full hearing (Rodway and others v GTR Ltd ET Case No. 2423705/2017).

https://assets.publishing.service.gov.uk/media/5d77916be5274a20139e52b2/Mr_C_Rodway_and_others_v_GTR_Ltd_2423705-2017_and_others_Reasons_.pdf