Trade Union issues

The Educator Strikes Back

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% [...]

By |2023-07-07T09:26:52+00:00July 7th, 2023|Industrial Action, Trade Unions|0 Comments

Kostal UK Ltd v Dunkley

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 [...]

Markham v Asda Stores Ltd

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. […]

By |2019-12-15T13:09:53+00:00October 18th, 2019|Health & Safety, Trade Unions|0 Comments

Lozaique v Tesco Stores Ltd

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 […]

Morris v Metrolink RATP DEV Ltd

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 […]

IWGB v Deliveroo

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 […]

IWGB v Deliveroo – Are Deliveroo couriers workers and thus entitled to trade union recognition?

  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 […]

By |2019-12-24T16:39:39+00:00November 24th, 2017|Trade Unions|0 Comments

Employment law forecast 2017

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 […]

Bone v North Essex Partnership NHS Foundation Trust: Can an employer’s omission amount to detriments in relation to trade union activity?

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 […]

By |2019-12-25T11:52:41+00:00February 19th, 2016|Employment Tribunals, Race Discrimination, Trade Unions|0 Comments

Thompson v London Central Bus Company – Can an employee suffer victimisation as a result of the protected acts of a third party?

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 […]

By |2019-12-27T18:35:43+00:00January 15th, 2016|Employer Discrimination, Trade Unions|0 Comments

Azam v Ofqual – Can a trade union representative be dismissed whilst participating in union activity for a non-union related reason?

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 […]

By |2019-12-28T13:42:04+00:00October 9th, 2015|Gross Misconduct, Trade Unions|0 Comments

ET3 Strike-out

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.

By |2019-12-29T18:15:32+00:00July 6th, 2012|Trade Unions, Tribunal Strike-Outs|0 Comments