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 [...]

By |2021-11-18T16:54:56+00:00November 18th, 2021|Case of the Week - Blog|0 Comments

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 […]

Lighter Side Of The News – Tribunal Awards Claimant £2

No newsletter would be complete without a sensationalist tale of ridiculous proportions. This month’s jape takes the form of a bus driver who was awarded a pitiful £2 by the ET following a successful right to be accompanied claim. In Gnahoua v Abellio London Ltd – an employer who has also been involved in a […]

By |2017-04-28T08:22:19+00:00April 28th, 2017|Employee Legal Representation|0 Comments

Trade Unions – New Balloting Rules

You may remember our forecast for 2017 included the implementation of the Trade Union Bill. From 1st March 2017, the Trade Union Act 2016, will come into force. The Act requires 50% turnout on any strike votes. It also requires more information to be included on voting papers, unions appointing a picketing supervisor on all […]

By |2017-02-24T10:56:26+00:00February 24th, 2017|E Learning|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

Henderson v General Municipal and Boilermakers Union

With not long to go until the General Election we thought it would be appropriate to cover a case that concerns political beliefs in the work place. However, we must warn you that this week’s case is a real can of worms containing several questions: – Are political beliefs protected characteristics? –     Can […]