Submission date: 8 August 2007

On 27 February 2007, the European Court of Human Rights issued a judgment in the case of Aslef v The United Kingdom (Application no 11002/05). The case concerns the freedom of trade unions under GB law to expel or exclude individuals on the grounds of their political party membership, and the Court concluded that the relevant part of GB law violated Article 11 of the European Convention on Human Rights.

This consultation document describes the current legal framework and the measures taken by the Government in the Employment Relations Act 2004 to provide greater freedom to trade unions to exclude or expel political activists. It summarises the Court's judgment, and the final section sets out the options considered by the Government to amend the law and poses three questions which respondents are asked to address.

The members of the ELA working party that produced this response were:

Paul Statham - Pattinson & Brewer - Chair

Patrick Brodie - Wragge & Co

Alison Humphry - Rowley Ashworth