The European Court of Human Rights has rejected an application by the Rail Maritime and Transport union that UK restrictions on secondary action by workers at associated employers are in breach of Article 11 rights under the convention in relation to freedom of association, including the right to strike. 

The case revolved around a somewhat convoluted transfer of parts of a rail engineering business between 'Jarvis' and 'Hydrex', both of whom are now out of business, around 2007 and a subsequent attempt in 2009 to reduce terms and conditions of those RMT workers transferred to Hydrex. The RMT wanted to call out support from old colleagues in Jarvis in support of the Hydrex members but were banned from doing so under secondary action laws. The Hydrex RMT members felt they were isolated and had no option but to accept a pay cut of circa 40%.

The majority of the Court found that, although the ban did interfere with Art 11 rights, the laws are proportionate and within a member state's discretion on secondary action.
http://bit.ly/R2W4P2 

Practical lessons from this decision

Industrial action is another area of law that is complex and seldom litigated, so legal advice should be sought. In a not-dissimilar case involving Aer Lingus and threatened industrial action in the Republic of Ireland, Aer Lingus moved to sue the union SIPTU over a strike that never actually happened – an injunction led to it being called off. Nonetheless, the damage had been done, according to Aer Lingus, whose passengers cancelled and sought alternative routes prior to the expected date of action.