Trade Union Rights – Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 protects workers against detriment related to taking part in the activities of an independent trade union. However, the scope of trade union activities . .

The ET was entitled to find that the employer’s ‘sole or main purpose’ in giving the Claimant a formal oral warning for refusing to comply with an instruction to take down an email list he had created for union communications was ‘preventing or deterring him from taking part in the activities of an independent trade … Continue reading University College London v Brown (Formal Oral Warning, ‘Sole or Main Purpose’): EAT 17 Dec 2020

The claimant alleged that his selection for redundancy was unfair, the company having failed properly to consult its own employee consultation council and in having failed to disclose its scoring system. The company said that any such complaint could only be made by the representative with whom consultation should have taken place. Held: The claimant … Continue reading Northgate HR Ltd v Mercy: CA 13 Dec 2007

A refusal by an employer to enter formal negotiations with a union, regarding terms which might be imposed by a new transferee employer where the identity of such new employees was not yet known, did not constitute a trade dispute allowing strike action and immunity. Citations: Times 15-Oct-1998, Gazette 28-Oct-1998, [1999] ICR 204, [1998] EWCA … Continue reading University College London Hospital NHS Trust v Unison: CA 13 Oct 1998

Judges: Mitting J Citations: [2003] EAT 1094 – 02 – 1404, [2003] UKEAT 1094 – 02 – 1404 Links: Bailii, Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 188 Jurisdiction: England and Wales Employment Updated: 19 November 2022; Ref: scu.191503

EAT REDUNDANCY – Collective consultation and information The evidence to support a conclusion that a trade union has been recognised by an employer for collective bargaining purposes within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be clear. The Employment Judge erred in deciding that the Claimant … Continue reading Working Links (Employment) Ltd v Public and Commercial Services Union: EAT 12 Mar 2013

Citations: [2007] EWCA Civ 800, [2008] ICR 62, [2007] IRLR 902 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 64 Jurisdiction: England and Wales Employment Updated: 14 November 2022; Ref: scu.258474

EAT VICTIMISATION DISCRIMINATION – WhistleblowingThe Claimant was a worker seconded to the Respondent. She was dismissed in circumstances giving rise to a claim for PIDA discrimination. The ET held that as the Respondent had failed to comply with the ACAS Code she was entitled to an uplift under section 207A Trade Union and Labour Relations … Continue reading Local Government Yorkshire and Humber v Shah: EAT 19 Jun 2012

EAT UNFAIR DISMISSAL – Mitigation of lossThe Employment Tribunal failed to assess whether the steps taken by the Respondent employee were such as would have been taken by a reasonable employee.Procedural IrregularityThe Employment Tribunal awarded the maximum uplift of 25% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 as … Continue reading Tandem Bars Ltd v Pilloni: EAT 21 May 2012

The appellant had been a ‘trainer manager’ involving presentations at induction courses. He was also a shop steward of a recognised trade union. At the induction course he was also permitted to give a presentation about the union. At the particular induction course in question the appellant had made disparaging remarks about the company and … Continue reading Burgess v Bass Taverns Ltd: CA 31 Mar 1995

Automatically Unfair Dismissal The Claimant, an active trade union member, was a gas engineer. He was required to respond to priority gas leaks without delay. On 19 June 2017, he was called out to a gas leak at 1.13am. The Claimant had not rested properly or eaten for some time but accepted the job. Instead … Continue reading Cadent Gas Ltd v Singh: EAT 8 Oct 2019

EAT Trade Union Rights : Action Short of Dismissal – The Respondents are members of Unison. The Tribunal found that they were unjustifiably disciplined by the union contrary to s.64 of the Trade Union and Labour Relations (Consolidation) Act 1992. They were each banned from holding office in the union for three-five years. The restrictions … Continue reading Unison v Kelly and Others: EAT 22 Feb 2012

The claimant said that in deciding her case, the Employment tribunal had wrongly taken account of a final warning on her record when that warning had been given on prohibited grounds. The EAT said that a tribunal could only go behind such a record if satisfied that it had been given in bad faith. The … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: CA 28 Jul 2011

EAT REDUNDANCY – Collective consultation and informationCollective consultation in a redundancy situation. Meaning of ‘election’ and ‘elected’ in Trade Union and Labour Relations (Consolidation) Act 1992 sections 188 and 188A. In this case, the number of candidates precisely matched the number of available places for elected employee representatives. The employer treated them as ‘elected’. The … Continue reading Phillips v Xteria Communications Ltd: EAT 17 Jun 2011

Challenge to decision as to union recognition Judges: Lord Justice Bean Citations: [2021] EWCA Civ 260 Links: Bailii, Judiciary Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 10 September 2022; Ref: scu.658969

The Union sought judicial review of a decision that the delivery workers for Deliveroo were not workers, they, their union, was not entitled to recognition for collective bargaining purposes. Held: The request was not made out and failed. Judges: Supperstone J Citations: [2018] EWHC 3342 (Admin) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) … Continue reading The Independent Workers Union of Great Britain, Regina (on The Application of) v Central Arbitration Committee : Re: Deliveroo: Admn 5 Dec 2018

Citations: [2008] EWHC 115 (Admin) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 22 August 2022; Ref: scu.264086

The Union had taken a vote of its cabin crew members as to a strike. The airline sought an interim injunction to prevent the strike, saying that the Union had not met the requirements of the Act as to proper notification of the results. Held: An inducement to break an employment contract by striking is … Continue reading British Airways Plc v Unite The Union: QBD 17 May 2010

EAT REDUNDANCY Collective Consultation and Information Protective Award Section 188 Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA) – whether and to what extent special circumstances rendered it not reasonably practicable to comply – no error of law in the reasoning of the Tribunal – appeal on this ground dismissed. Section 189 TULRA – … Continue reading Shanahan Engineering Ltd v Unite: EAT 22 Feb 2010

EAT UNFAIR DISMISSALExclusions including worker / jurisdiction Procedural fairness/automatically unfair dismissalReasonableness of dismissalSix conjoined appeals by employees dismissed during the Gate Gourmet dispute and in respect of whom the Tribunal had found either that they were dismissed while taking part in unofficial industrial action, so that it had no jurisdiction pursuant to s.237(1) of the … Continue reading Sandhu and Others v Gate Gourmet London Ltd: EAT 17 Jul 2009

Citations: [1995] UKEAT 865 – 93 – 1309 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Citing: See Also – Lane v Unison EAT 26-Feb-1997 . . Cited by: See Also – Lane v Unison EAT 26-Feb-1997 . . Lists of cited by and citing cases may be … Continue reading Lane v Unison (Formerly Nalgo): EAT 13 Sep 1995

Application by the claimants for an interlocutary injunction against the defendants to prevent a strike by the defendants. Judges: Pitchers J Citations: [2004] EWHC 2930 (QB) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 221 Employment Updated: 12 July 2022; Ref: scu.263167

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

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

Judges: Fulford J Citations: [2005] IRLR 881, [2005] EWHC 1889 (QB) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 221(1) Jurisdiction: England and Wales Employment Updated: 04 July 2022; Ref: scu.229755

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

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 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

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

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 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

Challenge to decision as to trades union recognition Judges: Supperstone J Citations: [2019] EWHC 728 (Admin) Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 11 June 2022; Ref: scu.635164

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

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

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

Obligation to consult employees on proposed redundancies. Judges: Sir Andrew McFarlane P FD. Underhill VP CA, Lindblom LJJ Citations: [2018] EWCA Civ 2789 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 188 Jurisdiction: England and Wales Employment Updated: 11 May 2022; Ref: scu.631419

A company which refused to recognise a union shop steward as such, because of the way in which he behaved, was treating him less favourably to restrict those activities, despite the fact that he had not been treated worse as an employee. In de-recognising Mr McCoid as a shop steward: ‘The only effect of the … Continue reading F W Farnsworth Limited v McCoid: CA 31 Mar 1999

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

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

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

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

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

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

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

EAT Trade Union Rights: Dismissal – Automatic Unfair Dismissal – section 152(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) – whether the reason or principal reason for the Claimant’s dismissal was that she had taken part or proposed to take part in the activities of an independent trade union at an … Continue reading Azam v OFQUAL: EAT 19 Mar 2015

Appeal as to the meaning of three words, those words being ‘as an individual’ in section 146 of the 1992 Act. Lord Woolf MR, Otton, Ward LJJ [1999] IRLR 626, [1999] ICR 1047, [1999] EWCA Civ 1064 Bailii Trade Union and Labour Relations (Consolidation) Act 1992 146 England and Wales Employment Updated: 03 January 2022; … Continue reading FW Farnsworth Ltd v McCoid: CA 23 Mar 1999

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

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

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

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

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

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

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

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