TRANSPORT UNION RMT announced today that it is launching an unprecedented challenge to the UK’s anti-trade union laws in the European Court of Human Rights.

Papers on behalf of RMT will be lodged with the European Court today by the union and its solicitors. RMT will argue on behalf of its members that its ability to organise industrial action to protect its members is restricted by UK law in a breach of Article 11 of the European Convention on Human Rights and Fundamental Freedoms. The union will be represented in the Court by RMT’s standing counsel John Hendy QC and Marcus Pilgerstorfer, instructed by Thompsons Solicitors.

The cases that RMT are challenging at European level are the EDF Energy court challenge and Hydrex dispute. These involved two groups of RMT members who balloted for industrial action last autumn – details of the cases in the editors notes below.

The RMT is putting forward arguments about two restrictions imposed by UK legislation in respect of the EDF and Hydrex cases which it says are incompatible with Article 11 of the Euopean Convention on Human Rights and Fundamental Freedoms. They are as follows:

1. the statutory requirement for the union to serve on an employer a notice which must fulfill onerous conditions such as providing the identification of the specific job descriptions of the intended voters; and

2. the absolute prohibition on unions organising solidarity industrial action (even where the secondary employer is closely associated with the primary employer in dispute).

RMT General Secretary Bob Crow said:

“The shackles that the anti-trade union laws have thrown around workers in this country seeking to take industrial action in defence of jobs and working conditions have got tighter and tighter in the past year and the EDF and Hydrex cases last autumn were pivotal with ramifications for the entire trade union movement.

“RMT is in no doubt that the fundamental human right to withdraw labour has been systematically undermined. This is clearly shown by the EDF and Hydrex cases and we have no option but to take these matters to the European Court in a bid to protect the rights of our members and of working people in Britain.”