The case ASLEF v United Kingdom ¹ was a landmark case before the European Court of Human Rights (ECtHR) that upheld the right of ASLEF, a British trade union, to be able to choose its members. ASLEF is a trade union that represents mainly train drivers and advocates for a socialist society and equality of treatment regardless of race, religion, or other factors. In 2002, ASLEF expelled one of its members, Jay Lee, who was also a member and candidate of the British National Party (BNP), a political party that promotes white nationalism and opposes immigration and multiculturalism. Lee challenged his expulsion under section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), which prohibits unions from excluding or expelling persons on the ground that they are or were a member of a political party. He was successful in his claim before the Employment Tribunal, which found that he had been expelled primarily because of his membership of the BNP. ASLEF appealed to the ECtHR, arguing that its freedom of association under Article 11 of the European Convention on Human Rights (ECHR) had been violated by the UK law.
The ECtHR agreed with ASLEF and held that UK law was in breach of Article 11 of the ECHR. The court recognized that trade unions have the right to protect their identity, values, and objectives by excluding individuals whose views and conduct are incompatible with those of the union. The court also noted that Lee’s expulsion did not cause him any identifiable hardship or prevent him from exercising his own freedom of expression or association. The court concluded that the interference with ASLEF’s right to choose its members was not necessary in a democratic society and that there was no reasonable or proportionate justification for it.
The relevance of the case is that it established an important precedent for the autonomy and self-regulation of trade unions in Europe. It affirmed that trade unions have the right to expel members who do not share their core values and principles, as long as they do not abuse this right or infringe on the rights of others. It also showed that UK law was not compatible with the ECHR in this respect and that it needed to be amended or interpreted differently to respect the freedom of association of trade unions. The case also highlighted the tension between different human rights, such as freedom of expression and freedom of association, and how they should be balanced in different contexts.
(1) ENGINEERS & FIREMEN (ASLEF) v. THE UNITED KINGDOM CASE OF ASSOCIATED …. https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-79604&filename=001-79604.pdf&TID=ugdtvrvpft.
(2) Associated Society of Locomotive Engineers and Firemen v United Kingdom …. https://en.wikipedia.org/wiki/Associated_Society_of_Locomotive_Engineers_and_Firemen_v_United_Kingdom.
(3) Associated Society of Locomotive Engineers and Firemen (Aslef) v The …. https://swarb.co.uk/associated-society-of-locomotive-engineers-and-firemen-aslef-v-the-united-kingdom-echr-27-feb-2007/.
(4) IER ASLEF Briefing by United Campaign to Repeal the Anti-Trade Union …. https://issuu.com/rachely/docs/ieraslefbrief.
(5) ASLEF v UK [2007] IRLR 361 Case Summary – Oxbridge Notes. https://www.oxbridgenotes.co.uk/law_cases/aslef-v-uk.
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