The Board employed miners belonging to two rival unions, the National Union of Mineworkers (‘the NUM’) and the Union of Democratic Mineworkers (‘the UDM’), at the same colliery. The Board agreed to pay increased wages to members of the UDM but not to members of the NUM. On application by members of the NUM, the … Continue reading National Coal Board v Ridgway: CA 1987
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
It was wrongful treatment to give differential pay rises according to whether or not an employee chose to be a member of a trade union. An offer of personal contracts to abandon union membership was not a penalty. Judges: Wood J Citations: Gazette 18-Nov-1992, Gazette 16-Sep-1992, [1992] UKEAT 99 – 92 – 2307, [1992] ICR … Continue reading Associated British Ports v Palmer and Others; Associated Newspapers Ltd v Wilson: EAT 23 Jul 1992
‘action’ in section 23(1) of the 1978 Act included an omission. Bingham LJ , May LJ [1987] ICR 641, [1987] 3 All ER 582 Employment Protection (Consolidation) Act 1978 23(1) England and Wales Cited by: Cited – Three Rivers District Council and others v The Governor and Company of the Bank of England ComC 12-Apr-2006 … Continue reading National Coal Board v Ridgeway: CA 1987
The Daily Mail had recognised the Union to which their journalists belonged. They wanted to end this arrangement, and offered a better rate of pay to non-members. The union said this was an unlawful action taken because of union membership. Similar issues arose in Palmer. Held: It was lawful to refuse pay increases to those … Continue reading Associated Newspapers Ltd v Wilson; Associated British Ports v Palmer: HL 31 Mar 1995
Where the performance of union duties stopped a worker from doing the job he was employed for properly, a redundancy selection was possible. Here there was no redundancy comparator for a shop steward spending half his time on union activities. The court cautioned against use of phrases about procedural unfairness: ‘In my judgment, in a … Continue reading O’Dea v ISC Chemicals Ltd: CA 4 Aug 1995