A recent case at the European Court of Human Rights has ruled that a trade union has a right under Article 11 of the European Convention to expel a member whose fundamental aims and values conflicted with its own. It said that trade unions have a right to choose who should be its members.
The case was brought by train drivers union ASLEF against the UK government. In 2002 the union expelled a known BNP member whose activities included handing out anti-Islamic leaflets, writing for the BNP’s magazine, and standing as a BNP candidate in the local elections. However, the BNP member took the case to a tribunal where, after referral back to a second tribunal, it was found that he had been expelled because of his BNP membership rather than his conduct. Because under UK law this was not lawful grounds for expulsion, the union had to re-admit him.
ASLEF, in taking their case to the European court, argued that its freedom of association had been violated. The court went on to note that just as an individual is free to choose whether or not to join a trade union, so the union should beequally free to choose its members. (Ref: ASLEF v United Kingdom EctHR 110022/05)
