Detriment short of dismissal

Although employees have some limited statutory protection from unfair dismissal when taking official industrial action, they have no statutory protection against being subjected to negative treatment short of dismissal (“detriment”), for example, having benefits removed, or being demoted or forced to change duties or shifts, in retaliation for taking industrial action.

This was highlighted during the British Airways dispute of 2009-11, when the airline punished striking cabin crew by withdrawing their valuable travel privileges, which were not reinstated when the dispute settled in 2011. Members brought a claim in the European Court of Human Rights alleging that the UK government’s failure to protect workers from detriment short of dismissal infringes Article 11 – the human right to freedom of association, but the court ruled the claim inadmissible (Roffey v The UK, Application No.1278/11, 21 May 2013). For more information, see Chapter 12. The airline’s continued failure to reinstate travel benefits to 1,400 affected workers is the subject of ongoing strike action, most recently in July 2017.