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
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
ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation to consult arises Judges: Mengozzi AG Citations: C-583/10, [2012] EUECJ C-583/10 Links: Bailii Statutes: Directive 98/59/EC Jurisdiction: European Citing: At EAT … Continue reading United States of America v Nolan: ECJ 22 Mar 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
EAT RACE DISCRIMINATION Inferring discrimination Burden of proof UNFAIR DISMISSAL Procedural fairness / automatically unfair dismissalThe Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have … Continue reading Hammonds Llp and Others v Mwitta: EAT 1 Oct 2010
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
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
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
Roads protester stopping workers carrying out duties guilty under employment law. Citations: Independent 05-May-1995 Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 Employment Updated: 19 May 2022; Ref: scu.80050
Industrial Tribunals should state facts as found and relied on, when making finding of dismissal for trade union membership. Citations: Times 22-Mar-1996 Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 152(1)(a) Employment Updated: 10 April 2022; Ref: scu.89450
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
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 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 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
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
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
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Contract of Employment; Unlawful Deduction of Wages; Jurisdictional/Time Points
Where an employer offers new terms and conditions of employment after a process of collective bargaining and then intimates its intention to impose the revised . .
The court was asked whether the claimants were either employees or workers of the company. They had been engaged to wash cars under nil-hours contracts. . .
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