Trade Union issues
Another day, another strike action. This time schools are facing another wave of strikes from the National Educators Union over pay and conditions at the start of July. Despite a pay deal offered of 5% for 2022-2023, this has been rejected by the union for representing a real term pay cut under inflation of 1.9% [...]
Today we look at a judgment from The Supreme Court which concerns unlawful inducements to forego collective bargaining. The Law Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) says that employees who are members of a recognised trade union have a right not to be subject to offers that intend to [...]
Good morning and welcome to your weekly dose of case law. Unlike the flu jab, doses of case law aren’t exclusive to Autumn! Last week we looked at protected conversations and admissibility of evidence in relation to pregnancy and maternity discrimination. This week we are looking at health and safety dismissals and trade union activities. […]
Our next case, as the name states, concerns supermarkets. However, unlike our previous updates about supermarkets, this is not a multi-claimant equal pay claim. Instead, this case concerns unlawful deductions, overtime clauses and trade union collective agreements. The question in this case is: Does a collective agreement reducing the premium pay for overtime automatically form […]
Hello, Friday has rolled around again which means it’s time for another Case Law Update. Last week we had two cases, one about unlawful deductions and our take on the Pimlico Plumbers case. This week’s update has a trade union theme. We have one case on trade union activities and unfair dismissal and an update […]
Late last year, we covered the Central Arbitration Committee (CAC) case of IWGB v Roo Foods Limited t/a Deliveroo. Whilst we don’t usually cover cases from the CAC this case was relevant to the gig economy because it held Deliveroo couriers were not eligible for union recognition because of a clause in their contract that […]
Hello and welcome back to your weekly case law update. Last week we looked at the gig economy and how Uber drivers are workers not self-employed. This week we have another gig economy case for you, however this time it concerns Deliveroo. Their couriers were pushing for trade union recognition. As this case concerns […]
After our weather forecast of snow did not come to fruition, we will stick to Employment Law. Here are a few things that will be happening in 2017. Trade Union Bill Whilst no implementation date has been set, the Bill will introduce a number of proposed changes to current strike action: – 50% turnout threshold for […]
Every month we aim to bring you the most absurd sacking that has made a splash in tabloid journalism. This month a waiter for one of London’s most exclusive restaurants, part of the five star Melia ME Hotel has been dismissed for gross misconduct after a leaflet with information about fair tipping and the right […]
In case you have not been following the news lately, the Health Secretary, Jeremy Hunt, has caused quite a stir by trying to impose a new contract on junior doctors, which, in turn led to them striking. The issue has been a complete debacle and is a classic example of mismanagement which other employers could […]
Good morning, we have another case law update fresh off the digital press for you to read. Today’s case concerns trade unions and is something of a judicial foul up but in the end raises some interesting points. You can also read last week’s case on voluntary redundancy. Today’s questions Can an employer’s omission amount […]
Hello again. Following the death of David Bowie it would have been amazing to bring you a case about the music or space industries. However, cases related to these topics are few and far between so here is a one about buses. Today’s question Can an employee suffer victimisation as a result of the protected […]
Now that we are well into October we would like to remind you that the Modern Slavery act is now in force. To find out what your business might need to do read our briefing note here. If you have any questions about the act or would like advice on drafting a policy please email […]
Sounds painful? It was for EPEM ltd whose Response was struck out by an Employment Tribunal for failure to comply with an Unless Order. However, the EAT confirmed that whilst a strike out prohibits the Respondent from participating in the liability hearing, it does not prohibit participation in a remedy hearing.
