European Employment Law Cases

Case Reports

2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

Keywords Collective labour law, industrial actions, unions
Authors Vince Toman en David Hopper
Author's information

307696 Vince Toman

307699 David Hopper
Vince Toman and David Hopper are respectively Head of the Trade Union and Collective Employment Law Group and Senior Associate at Lewis Silkin LLP.
  • Abstract

      The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.

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