The demise of the 'voluntarist exclusion zone'?

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Brodie, Douglas (2025) The demise of the 'voluntarist exclusion zone'? Industrial Law Journal, 54 (1). pp. 171-184. ISSN 0305-9332 (https://doi.org/10.1093/indlaw/dwaf003)

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Abstract

In Secretary of State for the Environment v PCSU [2024] UKSC 41the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.1 The relevance of the presumption in s. 179 of the Trade Union and Labour Relations (Consolidation) Act 1992 to collectively agreed obligations which are incorporated in an employment contract was at the heart of the litigation. The Supreme Court found in favour of the trade union and this well prove beneficial to unions in future cases centring on third party rights. I would suggest that the decision also has significant implications for cases on incorporation of collectively agreed terms. It is also conceivable that the debate as to the merits of direct enforcement of collective agreements will be reopened.

  • Item type:Article
    ID code:91878
    Dates:
    Date
    Event
    3 March 2025
    Published
    6 February 2025
    Published Online
    16 January 2025
    Accepted
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS)
    Depositing user: Pure Administrator
    Date deposited:24 Jan 2025 10:31
    Last modified:17 Mar 2025 09:24
    URI:https://strathprints.strath.ac.uk/id/eprint/91878
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