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
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 claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him. Citations: 52962/11 – Communicated Case, [2013] ECHR 336 Links: Bailii Statutes: European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading Brough v The United Kingdom: ECHR 16 Jan 2013
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
Trades Union recognition Citations: [2002] EWHC 277 (Admin) Links: Bailii Statutes: Trade Union Labour Relations (Consolidation) Act 1992 Jurisdiction: England and Wales Employment Updated: 05 October 2022; Ref: scu.347792
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
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
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
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
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
(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
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 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 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
‘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
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
EAT REDUNDANCY Collective consultation and information Protective award Purposive 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 … Continue reading USDAW v Ethel Austin Ltd (Successors To Woolworth Plc) (Redundancy : Collective Consultation and Information): EAT 30 May 2013
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