Ms S Campbell and others Mr D Atkinson and others Mr M Adkins and others v Livv Housing Group Livv Maintenance Limited — 2026

The hearing concerned the respondents' application for strike-out orders or deposit orders in claims arising from a December 2024 Blogpost about a 5% pay rise. The respondents argued that the Blogpost was not an offer to the claimant union members for the purposes of s145A or s145B TULRCA, and that the detriment claims under s146 TULRCA and the Blacklists Regulations had no or little reasonable prospect of success.

The tribunal considered the background of collective bargaining, ongoing industrial action, and the Blogpost offer to non-union members. It found that, taking the claimants' case at its highest, there were factual and legal issues suitable for a final hearing, including whether the Blogpost was capable of being an offer to union members and whether delayed receipt of the pay rise or backpay was capable of being a detriment.

The tribunal concluded that the claimants had more than little reasonable prospects of establishing the relevant detriment arguments. It also noted that the parties' arguments about Article 11 ECHR, domestic trade union legislation, and the Human Rights Act were potentially novel and should be assessed at the final hearing.