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
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 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
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
Citations: [2019] EWCA Civ 1648 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act 1992 207A, Equality Act 2010 26 40 Jurisdiction: England and Wales Discrimination Updated: 07 September 2022; Ref: scu.642659
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
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
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
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
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
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
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 : 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
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
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
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
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
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