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The Demise of the `Voluntarist Exclusion Zone?’

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  • Douglas Brodie

Abstract

In Secretary of State for the Environment v PCSU [2024] UKSC 41the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.1 The relevance of the presumption in s. 179 of the Trade Union and Labour Relations (Consolidation) Act 1992 to collectively agreed obligations which are incorporated in an employment contract was at the heart of the litigation. The Supreme Court found in favour of the trade union and this well prove beneficial to unions in future cases centring on third party rights. I would suggest that the decision also has significant implications for cases on incorporation of collectively agreed terms. It is also conceivable that the debate as to the merits of direct enforcement of collective agreements will be reopened.

Suggested Citation

  • Douglas Brodie, 2025. "The Demise of the `Voluntarist Exclusion Zone?’," Industrial Law Journal, Industrial Law Society, vol. 54(1), pages 171-184.
    • Handle: RePEc:oup:indlaw:v:54:y:2025:i:1:p:171-184.
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    File URL: http://hdl.handle.net/10.1093/indlaw/dwaf003
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