Click the case name for better results:

Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations. Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.Otton LJ said: … Continue reading Regina v Secretary of State for Trade and Industry ex parte Unison: 1996

Knowles and Another v Fire Brigades Union: CA 15 Aug 1996

A union’s opposition to having full time ‘retained officers’, and requiring members not to sign new contract was not ‘other industrial action’ and fell short of industrial action. Citations: Gazette 18-Sep-1996, Times 15-Aug-1996 Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 65 Jurisdiction: England and Wales Citing: Appeal from – Fire Brigade Union v … Continue reading Knowles and Another v Fire Brigades Union: CA 15 Aug 1996

Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009

EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009

UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007

The employer appealed against a protective award made for failing to consult the union on prospective redundancies. Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been only a provisional intention. There was also a duty to consult as to the … Continue reading UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007

Unison v Allen and others: EAT 26 Jul 2007

EAT Equal pay Act – Out of time The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with their pension rights. Subsequently, NUPE transferred to Unison by way of a trade union amalgamation. The claimants brought their … Continue reading Unison v Allen and others: EAT 26 Jul 2007

Cranswick Country Foods Plc v Beall and others: EAT 20 Dec 2006

EAT Redundancy – Protective awardEmployees who were faced with redundancy obtained protective awards because of lack of consultation on the part of the employer. They continued to work and to receive salary during the protected period. The Employer’s contention that that their earnings during this period went to diminish the amount payable under the protective … Continue reading Cranswick Country Foods Plc v Beall and others: EAT 20 Dec 2006

Unison v Leicestershire County Council: CA 29 Jun 2006

The council had dismissed all workers within a group of employees, and invited them to re-apply for their jobs. The council now appealed a protective award made on the basis that there had been inadequate consultation with the union. Held: The court refused permission to raise a new point of law not argued below as … Continue reading Unison v Leicestershire County Council: CA 29 Jun 2006

Amicus v Nissan Motor Manufacturing (UK) Ltd: EAT 26 Jul 2005

EAT Employers failed to consult with company council rather than union – did not consult with union until later stage 3 weeks before employees had to indicate willingness to be relocated but 4.5 months before possible dismissal. Tribunal held consultation, took place ‘in good time’. Appeal dismissed. Judges: His Honour Judge Ansell Citations: [2005] UKEAT … Continue reading Amicus v Nissan Motor Manufacturing (UK) Ltd: EAT 26 Jul 2005

Ultraframe (UK) Ltd, Regina (on the Application of) v GMB and others: Admn 4 Feb 2005

The unions sought recognition in representing the employees, and a ballot was undertaken. Though a majority of the workers voting opted for representation, their numbers voting fell four below the minimum required. The unions said that not all employees had received their ballot papers and applied to respondent for an order requiring the ballot to … Continue reading Ultraframe (UK) Ltd, Regina (on the Application of) v GMB and others: Admn 4 Feb 2005

Hibernia Foods Ltd v Wilson: EAT 17 May 2000

Hibernia appealed from a decision that it had treated the respondent less favorably because of his trades union activities. Held: The appeal raised no arguable point of law and accordingly was dismissed at this preliminary hearing stage. Citations: [2000] UKEAT 187 – 00 – 1705 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act … Continue reading Hibernia Foods Ltd v Wilson: EAT 17 May 2000

North West Ambulance Service NHS Trust v Rice: EAT 30 Jan 2019

TRADE UNION MEMBERSHIP The Respondent below appealed against the Judgment of the Employment Tribunal (‘ET’) upholding the Claimant’s claim that he was subjected to a detriment for the sole or main purpose of penalising him for his trade union activities contrary to section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992. The … Continue reading North West Ambulance Service NHS Trust v Rice: EAT 30 Jan 2019

Smith v Unison: EAT 15 May 1998

Exclusion from membership of Trades Union. Judges: D M Levy QC HHJ Citations: [1998] UKEAT 1434 – 96 – 1505 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 175 Jurisdiction: England and Wales Employment Updated: 17 June 2022; Ref: scu.206417

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Farnsworth Ltd v McCoid: EAT 27 Mar 1998

The Applicant had worked as a factory operative and was a duly elected shop steward. There was an agreement between the employers and the Transport and General Workers Union and under that agreement the employers had the right to de-recognise a shop steward if his conduct came into question. Judges: Butter QC HHJ Citations: [1998] … Continue reading Farnsworth Ltd v McCoid: EAT 27 Mar 1998

Cleveland Ambulance National Health Service Trust v Blane: EAT 19 Feb 1997

An Industrial Tribunal can award damages for injured feelings on a complaint of action which fell short of a dismissal. Held: Judge Peter Clark said: ‘It is nothing to the point that an award for injury to feelings cannot be recovered in a wrongful dismissal or unfair dismissal claim. They are different claims, compensated in … Continue reading Cleveland Ambulance National Health Service Trust v Blane: EAT 19 Feb 1997

Transport and General Workers Union v Associated British Ports Ltd: CA 11 Dec 2001

The respondent had obtained an injunction to prevent the claimants supporting or encouraging their members to strike. The Union appealed and sought confirmation of its immunity under the Act. The members at issue were pilots on the Humber. They were self employed. The respondent argued that they were not employees under the Act. Held: The … Continue reading Transport and General Workers Union v Associated British Ports Ltd: CA 11 Dec 2001

Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001

The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham. Held: Fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, … Continue reading Middlesbrough Borough Council v TGWU Unison: EAT 4 May 2001

Tracy and others v Crosville Wales Ltd: HL 16 Oct 1997

Damages for unfair dismissal of those not re-engaged after a strike where the employees had been equally blameworthy, were not to be reduced for any contributory fault of the employee in engaging in the strike. The employers had advertised the jobs, but not approached the applicants to offer them new employment, and were liable for … Continue reading Tracy and others v Crosville Wales Ltd: HL 16 Oct 1997

Unison v Westminster City Council: CA 21 Mar 2001

The union served a notice of a pre-strike ballot on the council regarding a proposed privatisation and contracting out of services. The council alleged that this was not a trade dispute but one regarding public policy. The judge’s support for this was not justified by the evidence before him, and his decision was so defective … Continue reading Unison v Westminster City Council: CA 21 Mar 2001

Southwark London Borough Council v D Whillier: CA 29 Jun 2001

The employee served also as full time union representative. She was offered promotion, but only if she could find the time to do the work, and she was not to have her salary increase until she ceased her union activities. It was held that the offer of promotion with a withholding of a salary increase … Continue reading Southwark London Borough Council v D Whillier: CA 29 Jun 2001

P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of … Continue reading P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. ‘Information as to the number, category or workplace of the employees’ concerned … Continue reading London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker: CA 16 Feb 2001

Association of University Teachers v University of Newcastle-upon-Tyne: EAT 1987

The Employment Appeal Tribunal held that the definition of ‘being redundant’ in the 1992 Act covered the lack of further funding for the post of a lecturer employed under an Limited Term Contract and so the consultation duty should have been observed when the contract was not renewed. Citations: [1987] ICR 317 Statutes: Trade Union … Continue reading Association of University Teachers v University of Newcastle-upon-Tyne: EAT 1987

Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993

British Coal Corporation had decided to close 31 deep mine collieries. The court was asked as to just what consultation obligations fell on the employer under the 1946 Act. Held: The section did create an obligation to consult. Glidewell LJ, made obiter comments on the similar consultation duties under section 188 of the 1992 Act: … Continue reading Regina v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and Others: QBD 1993

Regina, (Ultraframe (UK) Ltd) v Central Arbitration Committee: CA 22 Apr 2005

Two trade unions had sought recognition. Ballots had been held which almost secured recognition but fell a handful of votes short. The Unions criticised the way the ballots had been conducted, saying that a number of employees had not received voting papers, and had asked the Central Arbitration Committee (CAC) to order a re-run. The … Continue reading Regina, (Ultraframe (UK) Ltd) v Central Arbitration Committee: CA 22 Apr 2005

Carr v British International Helicopter: EAT 1993

An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held: The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section … Continue reading Carr v British International Helicopter: EAT 1993

Regina (Kwik-Fit (GB) Ltd) v Central Arbitration Committee: CA 18 Mar 2002

The union sought recognition, but the employer did not accept the proposed bargaining unit. The union took their request to the respondent. The employer appealed their decision, and the committee appealed that first instance decision. Held: The procedure under the schedule is unusual, and is intended to reflect the Union’s need for bargaining rights. It … Continue reading Regina (Kwik-Fit (GB) Ltd) v Central Arbitration Committee: CA 18 Mar 2002

P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of … Continue reading P v National Association of School Masters/Union of Women Teachers: QBD 3 May 2001

The Professional Trades Union for Prison, Correctional and The Secure Psychiatric Workers (“The POA”) v Rolfe: EAT 30 Oct 2018

CERTIFICATION OFFICER The Appellant, The Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers (referred to as the Union), appealed from a Decision of a Certification Officer made pursuant to section 108A(1) Trade Union and Labour Relations (Consolidation) Act 1992 (‘the 1992 Act’), granting an application by Mr Rolfe for a declaration that on … Continue reading The Professional Trades Union for Prison, Correctional and The Secure Psychiatric Workers (“The POA”) v Rolfe: EAT 30 Oct 2018

Skiggs v South West Trains Ltd: EAT 7 Mar 2005

(1) An employment tribunal was entitled to hold that an investigative meeting with a manager inquiring into another employee’s grievance was not a ‘disciplinary hearing’ at which the applicant had a right to be accompanied under section 10 Employment Relations Act 1999, notwithstanding that the matters to be discussed could lead to some later disciplinary … Continue reading Skiggs v South West Trains Ltd: EAT 7 Mar 2005

Forsey, Regina (on The Application of) v The Northern Derbyshire Magistrates’ Court: QBD 19 May 2017

The defendant appealed against refusal of a stay in respect of an allegation under the 1992 Act of failure to give notice of redundancies. Judges: Treacy LJ, Foskett J Citations: [2017] EWHC 1152 (QB), [2017] WLR(D) 344 Links: Bailii, WLRD Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 194 Jurisdiction: England and Wales Employment … Continue reading Forsey, Regina (on The Application of) v The Northern Derbyshire Magistrates’ Court: QBD 19 May 2017

Jet2Com Ltd v Denby: EAT 25 Oct 2017

EAT TRADE UNION RIGHTS PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke Trade Union Rights – refusal of employment because of trade union membership – section 137(1)(a) Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) Approach to determining the reason for refusal and adequacy of the Employment Tribunal’s reasons The Claimant was a pilot who had … Continue reading Jet2Com Ltd v Denby: EAT 25 Oct 2017

Lidl Ltd v Central Arbitration Committee and Another: CA 4 May 2017

The company appealed against an order leading to recognition of the respondent as the trades union for the company’s staff at a regional distribution centre. Judges: Longmore, Underhill LJJ Citations: [2017] EWCA Civ 328 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 24 March 2022; Ref: … Continue reading Lidl Ltd v Central Arbitration Committee and Another: CA 4 May 2017

Henderson v GMB: EAT 14 Mar 2017

EAT Certification Officer – The Certification Officer had not determined the true complaint made by the Appellant. The Certification Officer had wrongly focused on identifying the correct construction of a particular rule of the Respondent Trade Union, which the Union had misapplied in such a way as to repress unlawfully the Appellant’s attempts to become … Continue reading Henderson v GMB: EAT 14 Mar 2017

Metrolink Ratpdev Ltd v Morris: EAT 15 Dec 2016

EAT UNFAIR DISMISSAL – Automatically unfair reasons UNFAIR DISMISSAL – Reason for dismissal including substantial other reason The Employment Judge erred in holding that dismissal for storing and sharing confidential information for trade union purposes enjoyed the protection of Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) section 152. Finding of ‘automatic’ unfair dismissal … Continue reading Metrolink Ratpdev Ltd v Morris: EAT 15 Dec 2016

Day v Haine and Another: ChD 19 Oct 2007

The liquidator sought directions from the court after former employees of the company submitted proofs of debt in respect of protective awards made for the company’s failure to consult on their redundancy before going into liquidation. Held: The Act provided one remedy only for enforcement, and the debts were not provable. At the date of … Continue reading Day v Haine and Another: ChD 19 Oct 2007

Unite The Union v Mills (Certification Officer): EAT 9 Feb 2017

EAT CERTIFICATION OFFICER HUMAN RIGHTS The Certification Officer did not err in holding that Unite had failed to comply with Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) section 30(1) by not giving her access to accounting records showing ‘stand down’ payments to each trade union official of her branch which together totalled a … Continue reading Unite The Union v Mills (Certification Officer): EAT 9 Feb 2017

Unite The Union v Nailard: EAT 27 Sep 2016

EAT Jurisdictional Points : Worker, Employee or Neither HARASSMENT SEX DISCRIMINATION – Direct TRADE UNION RIGHTS The appeal concerned sexual harassment by elected officers of the Respondent trade union against a paid (employed) officer. 1. The ET held that the elected officers were employees of the Respondent under the extended definition in section 83(2) of … Continue reading Unite The Union v Nailard: EAT 27 Sep 2016

Lidl Ltd, Regina (on The Application of) v Central Arbitration Committee and Another: Admn 10 Aug 2016

Claim for judicial review of a decision of the Central Arbitration Committee that a bargaining unit described as ‘Warehouse Operatives in the following sections: Goods In, Goods out and Selection’ at the Bridgend Regional Distribution Centre of the employer, Lidl Ltd, was an appropriate bargaining unit for the purposes of Schedule A1 to the Trade … Continue reading Lidl Ltd, Regina (on The Application of) v Central Arbitration Committee and Another: Admn 10 Aug 2016

Gavli and Another v LHR Airports Ltd (Unfair Dismissal Remedies – Reinstatement, Re-Engagement): EAT 19 May 2021

Unfair dismissal – remedies – reinstatement, re-engagement – compensatory award – Acas uplift The Claimants were dismissed from their jobs as passenger service operatives after allegations had been made that they had bullied, harassed and intimidated new starters who were working in the same team. Having upheld the Claimants’ claims of unfair dismissal, the Employment … Continue reading Gavli and Another v LHR Airports Ltd (Unfair Dismissal Remedies – Reinstatement, Re-Engagement): EAT 19 May 2021

Govia Thameslink Railway Ltd v The Associated Society of Locomotive Engineers and Firemen: QBD 22 Apr 2016

Application by rail operator to restrain the defendant union from encouraging its members not to operae driver-only tains. Held: There was an arguable case, and the balance of convenience lay in granting the order. Langstaff J [2016] EWHC 985 (QB) Bailii Trade Union and Labour Relations (Consolidation) Act 1992 England and Wales Employment, Torts – … Continue reading Govia Thameslink Railway Ltd v The Associated Society of Locomotive Engineers and Firemen: QBD 22 Apr 2016

Bone v North Essex Partnership NHS Foundation Trust: CA 1 Feb 2016

The appellant was a political activist in the ‘Workers of England Union’ and a nurse employed by the respondent. He alleged race discrimination, and detriment for his membership of what he said was an independent trade union, saying that the employer had not protected him against allegations made by co-workers that the WEU was racist. … Continue reading Bone v North Essex Partnership NHS Foundation Trust: CA 1 Feb 2016

Duhoe v Support Services Group Ltd: EAT 13 Aug 2015

EAT Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke Costs The Employment Judge did not give Meek-compliant Reasons in respect of her decision not to uplift any part of her award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Employment Judge omitted to decide an application for costs made by the … Continue reading Duhoe v Support Services Group Ltd: EAT 13 Aug 2015

Arriva London South Ltd v Graves (Unfair Dismissal: Automatically Unfair Reasons): EAT 3 Jul 2015

EAT UNFAIR DISMISSAL Automatically unfair reasons Contributory fault Whether the Employment Tribunal was entitled to find that dismissal was for an inadmissible reason under section 152 Trade Union and Labour Relations (Consolidation) Act 1992 / section 104 Employment Rights Act 1996. They were. Whether the Employment Tribunal finding as to the reason for dismissal precluded … Continue reading Arriva London South Ltd v Graves (Unfair Dismissal: Automatically Unfair Reasons): EAT 3 Jul 2015

E Ivor Hughes Educational Foundation v Morris and Others: EAT 19 Jun 2015

EAT Redundancy: Collective Consultation and Information – UNFAIR DISMISSAL – Duty to Consult When Proposing to Dismiss Employees as Redundant – Time At Which Obligation Arose – Special Circumstances – Protective Awards – Unfair Dismissal – Procedural Fairness The Appellant operated a girl’s school. Due to declining pupil numbers, the Appellant decided at a meeting … Continue reading E Ivor Hughes Educational Foundation v Morris and Others: EAT 19 Jun 2015

Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

University and College Union v The University of Stirling: SC 29 Apr 2015

The University needed to reduce its staff. They and the Union disputed whether research assistants on limited term contracts would simply cease to be employd as their terms concluded, or were entitled to be made redudant. Held: The appeal was allowed. the Employment Appeal Tribunal stated the proper test: ‘A reason relates to the individual … Continue reading University and College Union v The University of Stirling: SC 29 Apr 2015

Watson v London Metropolitan University: EAT 25 Feb 2015

EAT Trade Union Rights: Action Short of Dismissal The Claimant had complained under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that he had been subjected to a detriment for union-related activities. The Employment Tribunal rejected the complaint and the Claimant appealed. The appeal was dismissed: the Employment Tribunal had properly … Continue reading Watson v London Metropolitan University: EAT 25 Feb 2015

Mace v National Union of Mineworkers: EAT 6 Feb 2015

EAT Trade Union Membership – The Certification Officer did not err in dismissing a Complaint by Mr Mace that the successful candidate for election as National President in 2012 was ineligible to stand as he was not a member of the National Union of Mineworkers within the meaning of NUM Rule 5A(iii). The Certification Officer … Continue reading Mace v National Union of Mineworkers: EAT 6 Feb 2015

Thompson v National Union of Mineworkers: EAT 2 Feb 2015

EAT Trade Union Membership – The Certification Officer did not err in dismissing all but one Complaint of breach of the Rules of the National Union of Mineworkers (‘NUM Rules’) and in some Complaints of Section 47(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) made by a member of the National … Continue reading Thompson v National Union of Mineworkers: EAT 2 Feb 2015

Ryanair DAC v Morais and Others (Trade Union Rights): EAT 18 Nov 2021

The claimants in the employment tribunal are airline pilots employed by the respondent and based in Great Britain. They are members of the trade union BALPA. They all participated in a strike called by BALPA. Because of that the respondent withdrew concessionary travel benefits from them for a year. They complained that they had been … Continue reading Ryanair DAC v Morais and Others (Trade Union Rights): EAT 18 Nov 2021

Regina (British Broadcasting Corporation) v Central Arbitration Committee: QBD 6 Jun 2003

The claimants were wildlife cameramen working for the respondent. They sought bargaining rights for their trade Union. The Committee decided that since they were not regulated by any disciplinary committee or body, they were not professionals, and therefore were workers, and their union was entitled to the recognition requested. The respondent appealed. Held: The test … Continue reading Regina (British Broadcasting Corporation) v Central Arbitration Committee: QBD 6 Jun 2003

Coker v Wandsworth Borough Council: EAT 27 Jun 2014

EAT Unfair Dismissal : This was an appeal on compensation for unfair constructive dismissal which was allowed in part by consent. Arguments relating to whether to apply the simplified substantial loss approach in relation to pension rights were dismissed on the facts. Furthermore the Employment Tribunal were entitled on the facts to refuse to award … Continue reading Coker v Wandsworth Borough Council: EAT 27 Jun 2014

Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002

The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary. Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether … Continue reading Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002

Mihaj v Sodexho Ltd: EAT 23 May 2014

EAT Trade Union Rights : Interim Relief – An Employment Judge dismissed the Claimant’s application for interim relief under Trade Union and Labour Relations (Consolidation) Act 1992 section 161. The Employment Judge erred in determining that an Employment Tribunal at a liability hearing would not be likely to find that the Claimant was dismissed for … Continue reading Mihaj v Sodexho Ltd: EAT 23 May 2014

National Union of Rail, Maritime And Transport Workers v The United Kingdom: ECHR 8 Apr 2014

Article 11-1 Freedom of association Ban on taking secondary industrial action against an employer not party to a labour dispute: no violation Facts – The right to take secondary (as opposed to primary) industrial action was restricted in the United Kingdom in 1980 and such action has been unlawful since 1990. In 2007 a group … Continue reading National Union of Rail, Maritime And Transport Workers v The United Kingdom: ECHR 8 Apr 2014

Bone v North Essex Partnership NHS Foundation Trust: CA 15 May 2014

The claimant said that he was the representative of members of the Workers of England Trade Union at the respondent hospital. He claimed detriment, but the empoyer denied that it was an independent union allowing him protection under the Act. Since commencemet of proceedings, the Union had obtained certification. Held: Protection under section 146 was … Continue reading Bone v North Essex Partnership NHS Foundation Trust: CA 15 May 2014

London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

EAT Redundancy : Collective Consultation and Information – The Appellant is a local authority which was contemplating redundancies of staff and also transfers of some employees to third parties. The Employment Tribunal found that it had breached the consultation and information requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

Smith v Carillion (JM) Ltd and Another: EAT 17 Jan 2014

EAT Contract of Employment : Whether Established – VICTIMISATION DISCRIMINATION Health and safety Other forms of victimisation It is a prerequisite of the right under the Trade Union and Labour Relations (Consolidation) Act 1992 section 146 or under the Employment Rights Act 1996 of an employee not to have action short of dismissal taken against … Continue reading Smith v Carillion (JM) Ltd and Another: EAT 17 Jan 2014

Roblyn v The Director of Public Prosecutions: Admn 16 Nov 2021

Appeal from conviction of having ‘hindered a workman in the use of his tools with a view to causing him to abstain from doing a lawful act namely felling a tree.’ Mr Justice Garnham [2021] EWHC 3055 (Admin) Bailii Trade Union and Labour Relations (Consolidation) Act 1992 England and Wales Crime, Employment Updated: 28 November … Continue reading Roblyn v The Director of Public Prosecutions: Admn 16 Nov 2021

USDAW and Another v Unite The Union and Others (Redundancy : Collective Consultation and Information): EAT 30 May 2013

EAT REDUNDANCYCollective consultation and informationProtective awardPurposive construction of Trade Union and Labour Relations (Consolidation) Act 1992 s.188 so as to give effect to a Directive required the court to delete the words ‘at one establishment’ thereby allowing protective awards to be made to employees whose employer was to dismiss 20 employees as redundant in 90 … Continue reading USDAW and Another v Unite The Union and Others (Redundancy : Collective Consultation and Information): EAT 30 May 2013

Secretary of State for Justice v Plaistow: EAT 6 Jul 2021

Sexual orientation discrimination – victimisation Sexual orientation discrimination – victimisation – unfair dismissal – compensation Practice and procedure – costs Having upheld the Claimant’s claims of direct sexual orientation discrimination, of harassment related to sexual orientation, of victimisation and of unfair dismissal, the Employment Tribunal (‘ET’) went on to assess compensation on a career-loss basis, … Continue reading Secretary of State for Justice v Plaistow: EAT 6 Jul 2021

Rolls-Royce plc v Unite the Union: CA 14 May 2009

The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009

Miller and Others v Interserve Industrial Services Ltd: EAT 5 Dec 2012

miller_IISEAT2012 EAT TRADE UNION RIGHTS – BLACKLISTING – Trade union official pressures employer to recruit three named employees with a view to their acting as shop stewards – Relevant manager declines to recruit, as the Tribunal finds, because he resents being ‘bullied’ by the union and does not wish to be dictated to about whom … Continue reading Miller and Others v Interserve Industrial Services Ltd: EAT 5 Dec 2012

United States of America v Nolan: EAT 15 May 2009

EAT REDUNDANCY: Collective consultation and information / Protective award An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to consult representatives of civilian employees at a US Army Base about the reasons for its closure and by failing to … Continue reading United States of America v Nolan: EAT 15 May 2009

Pearl Assurance Plc v Manufacturing Science and Finance: EAT 26 Feb 1997

The Respondent Trade Union, MSF presented a complaint under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Appellant, Pearl Assurance Plc, had failed to consult with the Union in circumstances to which Section 188 of the Act applied. [1997] UKEAT 1162 – 96 – 2602 Bailii Trade Union and … Continue reading Pearl Assurance Plc v Manufacturing Science and Finance: EAT 26 Feb 1997

University College Union v The University of Stirling: SCS 14 Jan 2014

(Extra Division Inner House) The University was considering making redudancies. The Union argued that when considering the level of consultation needed, the number of qualifying employees should include those on limited term contracts, and ‘This in turn depends upon two questions, one straightforward and one not so straightforward. The first is whether the expiry and … Continue reading University College Union v The University of Stirling: SCS 14 Jan 2014

Kostal UK Ltd v Dunkley and Others: CA 13 Jun 2019

Bean, King, Singh LJJ [2019] EWCA Civ 1009, [2019] WLR(D) 329, [2019] IRLR 817, [2020] ICR 217 Bailii, WLRD Trade Union and Labour Relations (Consolidation) Act 1992 England and Wales Cited by: Appeal from (CA) – Kostal UK Ltd v Dunkley and Others SC 26-Oct-2021 ‘This case is the first occasion on which appeal courts … Continue reading Kostal UK Ltd v Dunkley and Others: CA 13 Jun 2019

Kostal UK Ltd v Dunkley and Others: SC 26 Oct 2021

‘This case is the first occasion on which appeal courts have had to consider the proper interpretation of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the ‘1992 Act’), one of a group of provisions added to the 1992 Act by amendment in 2004. Its object, broadly stated, is to penalise … Continue reading Kostal UK Ltd v Dunkley and Others: SC 26 Oct 2021

Susie Radin Ltd v GMB and others: CA 20 Feb 2004

The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual … Continue reading Susie Radin Ltd v GMB and others: CA 20 Feb 2004

Holmes v Qinetiq Ltd (Age Discrimination): EAT 26 Apr 2016

EAT AGE DISCRIMINATION UNFAIR DISMISSAL – Compensation 1. The Employment Tribunal was correct to refuse to award any uplift in compensation pursuant to section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended). No disciplinary procedure was invoked in this case because, apart from the effects of his illness, the Claimant … Continue reading Holmes v Qinetiq Ltd (Age Discrimination): EAT 26 Apr 2016

British Airways v Unite The Union: CA 20 May 2010

The Union appealed against an interim injunction disallowing it from relying on a strike ballot. The Judge had said that it had failed to comply with section 231 in that in announcing the results of the ballot, the union had not taken active steps to contact its members to notify them of the detailed results, … Continue reading British Airways v Unite The Union: CA 20 May 2010

Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

Renfrewshire Council v The Educational Institute of Scotland: EAT 4 Oct 2012

EAT Transfer of Undertakings : Consultation and Other Information – The claimant teachers succeeded at a preliminary hearing before an Employment Judge in contending that the establishment at which they worked (for the purposes of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was the Education and Leisure Service of Renfrewshire Council. … Continue reading Renfrewshire Council v The Educational Institute of Scotland: EAT 4 Oct 2012

Lund v St Edmund’S School, Canterbury (Statutory Discipline and Grievance Procedures : Whether Applicable): EAT 8 May 2013

lund_secEAT2013 EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES: whether applicable.The fact that the employee was dismissed, not for a reason relating to his conduct, but for some other substantial reason of such a kind as to justify his dismissal, did not mean that the employee’s claim did not concern a matter to which the ACAS Code … Continue reading Lund v St Edmund’S School, Canterbury (Statutory Discipline and Grievance Procedures : Whether Applicable): EAT 8 May 2013

Scargill v National Union of Mineworkers: EAT 27 Jan 2010

EAT CERTIFICATION OFFICERVarious issues arising out of disputed elections for positions within the National Union of Mineworkers.Held:(1) The Certification Officer had been entitled to find that the ‘Yorkshire Area Office Branch’ was not a branch of the Union constituted in accordance with its rules.(2) The requirements of section 50 of the Trade Union and Labour … Continue reading Scargill v National Union of Mineworkers: EAT 27 Jan 2010

Metrobus Ltd v Unite the Union: CA 31 Jul 2009

The union sought leave to appeal against an interim injunction restraining it from calling a strike. It now called in aid also its members’ Article 11 Human Rights. The company had questioned whether the ballot met the requirements of the 1992 Act. Held: The Union had not supplied to the employer the figures required by … Continue reading Metrobus Ltd v Unite the Union: CA 31 Jul 2009

Unison v Bakhsh: EAT 8 Apr 2009

EAT CERTIFICATION OFFICERBakhshAppellant, a UNISON member who was the subject of a disciplinary investigation which had not resulted in formal charges, was suspended from office by decisions dated 16.1.07 and 12.3.07 on the basis that he was ‘facing charges’ – On 12.11.07 he complained to the Certification Officer that his suspension was contrary to the … Continue reading Unison v Bakhsh: EAT 8 Apr 2009