Livv Housing Group and Livv Maintenance Ltd

Case Summary

The tribunal considered respondents' applications to strike out claims or impose deposit orders in relation to union members' allegations that they were subjected to detriment by exclusion from a pay increase offer made in December 2024. The tribunal rejected the respondents' applications and found that the claimants had reasonable prospects of establishing that withholding a pay rise from union members while offering it to non-union members was capable of constituting detriment under TULRCA provisions and the Blacklist Regulations.

The tribunal found that the claimants had reasonable prospects of showing that withholding pay or a pay rise was capable of constituting detriment under s146 TULRCA and the Blacklist Regulations, particularly given the timing of the offer immediately before Christmas and evidence that the claimants received the pay offer on a delayed collective basis rather than individually. The novel legal arguments raised regarding the interplay between Article 11 ECHR rights and the interpretation of TULRCA provisions were matters properly reserved for the final hearing.

• •Whether a 'blogpost' offering a pay increase constituted an 'offer' under s145A/145B TULRCA
• •Whether union members were subjected to detriment by exclusion from a pay offer
• •Whether differential treatment (collective vs individual offer) amounted to less favourable treatment on grounds of trade union membership
• •Whether claims under s146 TULRCA have reasonable prospects of success
• •Whether claims under Employment Relations Act 1999 (Blacklists) Regulations 2010 have reasonable prospects of success
• •Interplay between Article 11 ECHR rights and domestic employment legislation

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