TRADE UNIONS
Detriment on trade union grounds
Case Ryanair DAC v Morais and others EA-2021-000275-DA
Facts Ryanair pilots who belonged to the BALPA trade union took part in a strike. As a result of this, they had concessionary travel benefits withdrawn from them for a year. They complained that this had been an unlawful detriment for the purposes of section 146 of TUL(C) Act 1992. The ET upheld the complaint. It found that the pilots had taken part in a trade union activity. Ryanair appealed to the EAT.
Decision 1. The appeal was dismissed.
2. The meaning of “trade union activities” covered participation in industrial action.
3. The protection provided by section 146 applied not only to those participating in protected industrial action, which is action which is lawfully organised by a union and complaint with balloting requirements, but also to those participating in any form of union endorsed or authorised industrial action.