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Burgess v Bass Taverns Ltd: CA 31 Mar 1995

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

University College London Hospital NHS Trust v Unison: CA 13 Oct 1998

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

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

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

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

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

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

MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002

EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002