Search Results for: Trades Union

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Regina v Secretary of State for Trade and Industry, ex parte Trades Union Congress: Admn 23 May 2000

Citations: [2000] EWHC Admin 345 Links: Bailii Cited by: Appeal from – Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress CA 17-Oct-2000 Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and … Continue reading Regina v Secretary of State for Trade and Industry, ex parte Trades Union Congress: Admn 23 May 2000

Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress: CA 17 Oct 2000

Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and an appellate court should not normally interfere in that exercise. The considerations for such a grant of interim relief pending a reference had been fully set out by … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress: CA 17 Oct 2000

The Professional Trades Union for Prison, Correctional and The Secure Psychiatric Workers (“The POA”) v Rolfe: EAT 30 Oct 2018

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 Professional Trades Union For Prison, Correctional And Secure Psychiatric Workers And Others v The United Kingdom: ECHR 21 May 2013

ECHR Article 35-2Same as matter submitted to other procedureTrade union officers closely associated with previous procedure of international investigation instituted by the applicant trade union: inadmissibleFacts – In 2004 the first applicant, a trade union, lodged a complaint in respect of a statutory ban on industrial action by prison officers with the Committee on Freedom … Continue reading The Professional Trades Union For Prison, Correctional And Secure Psychiatric Workers And Others v The United Kingdom: ECHR 21 May 2013

Dooley v Union of Construction Allied Trades and Technicians: EAT 3 May 2013

EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – – Compensation – Polkey deduction – Contributory faultThe Claimant was a Union official dismissed for alleged misconduct – The Tribunal found the dismissal unfair on a mixture of substantive and procedural grounds and because of the substantive grounds directed no ‘Polkey discount’; but … Continue reading Dooley v Union of Construction Allied Trades and Technicians: EAT 3 May 2013

Dooley v The Union of Construction Allied Trades and Technicians (Certification Officer): EAT 19 Apr 2013

EAT CERTIFICATION OFFICER The Appellant was disciplined by the Respondent’s executive council. He argued that the decision was vitiated by breaches of the rules of natural justice, in that (1) members of the executive council were automatically disqualified by bias in the circumstances, alternatively (2) there was apparent bias on their part, such that some … Continue reading Dooley v The Union of Construction Allied Trades and Technicians (Certification Officer): EAT 19 Apr 2013

National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd: EAT 1978

The tribunal was asked whether the employer had recognised the Trades Union even though there was nothing formal in place. Held: Phillips J said: ‘First, the question of recognition is a mixed question of fact and law. Secondly, recognition requires mutuality, that is to say that the employer acknowledges the role of the union for … Continue reading National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd: EAT 1978

Union of Construction, Allied Trades and Technicians (UCATT) v Brain: CA 1981

The Court discussed how to evaluate whether the employers acted reasonably: ‘Whether someone acted reasonably is always a pure question of fact. Where parliament has directed a tribunal to have regard to equity – and that, of course, means common fairness and not a particular branch of the law – and to the substantial merits … Continue reading Union of Construction, Allied Trades and Technicians (UCATT) v Brain: CA 1981

Hamlet v General Municipal Boilermakers and Allied Trades Union: 1987

Union rules should not be interpreted literally or like statutory provisions but in a looser and more benign way Citations: [1987] ICR 150 Jurisdiction: England and Wales Cited by: Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006 The reason adduced by the union for the dismissal of the climant was … Continue reading Hamlet v General Municipal Boilermakers and Allied Trades Union: 1987

UCATT (Union of Construction Allied Trades and Technology) v Short (Disability Discrimination): EAT 29 Apr 2013

EAT DISABILITY DISCRIMINATIONUNFAIR DISMISSAL – CompensationAn Employment Tribunal did not err in not using the Ogden tables in calculating future loss for disability discrimination and unfair dismissal. Wardle applied.The use of the word inflation, once, in context with references to wage increases on 13 occasions, did not mean the Employment Tribunal impermissibly took account of … Continue reading UCATT (Union of Construction Allied Trades and Technology) v Short (Disability Discrimination): EAT 29 Apr 2013

Working Links (Employment) Ltd v Public and Commercial Services Union: EAT 12 Mar 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

Dimbleby and Sons v National Union of Journalists: CA 1983

Citations: [1984] 1 WLR 67 and 427 Jurisdiction: England and Wales Cited by: Appeal from – Dimbleby and Sons v National Union of Journalists HL 1984 The Trades Union caused its members to withdraw their labour from the plaintiff, so preventing the plaintiff from performing a contract with a firm of printers. The conduct was … Continue reading Dimbleby and Sons v National Union of Journalists: CA 1983

Regina (National Union of Journalists) v Central Arbitration Committee: Admn 19 Nov 2004

The NUJ appealed refusal of collective negotiating rights with the Daily Mirror, having a majority of the members in the sports division. The paper had previously given exclusive rights to a competing union. At the time of the hearing the competing union had only one member in the division, whereas the NUJ had a majority. … Continue reading Regina (National Union of Journalists) v Central Arbitration Committee: Admn 19 Nov 2004

B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in the sphere of economic activities which have the character of gainful employment or remunerated service covers all work … Continue reading B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Regina (National Union of Journalists) v Central Arbitration Committee and Another: CA 21 Jul 2005

The Union complained that the company had rejected its application for bargaining rights. The company replied that an agreement was in place, but the Union said that that agreement was ineffective. Held: There was nothing to prevent a company recognising a union which might have only minimal support within the company. Recognition of a union … Continue reading Regina (National Union of Journalists) v Central Arbitration Committee and Another: CA 21 Jul 2005

In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others: Admn 15 Oct 2015

The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal Charter. The result would substantiallyy affect support for the game. Held: The request for review … Continue reading English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others: Admn 15 Oct 2015

Council of Civil Service Unions v The United Kingdom: ECHR 20 Jan 1987

(Commission) The applicants complained that as staff at GCHQ, they had been debarred from being members of trades unions. Judges: MM CA Nargaard P Citations: 11603/85, [1987] ECHR 34, (1988) 10 EHRR CD269 Links: Bailii Statutes: European Convention on Human Rights, Employment Protection Act 1975, Employment Protection (Consolidation) Act 1978 138(1) Jurisdiction: Human Rights Citing: … Continue reading Council of Civil Service Unions v The United Kingdom: ECHR 20 Jan 1987

Leary v National Union of Vehicle Builders: 1971

The court faced questions on a trades union’s decision as to the membership of the applicant. Held: As a general rule, ‘a failure of natural justice in the trial body cannot be cured by a sufficiency of natural justice in an appellate body.’ Judges: Megarry J Citations: [1971] Ch 34 Jurisdiction: England and Wales Cited … Continue reading Leary v National Union of Vehicle Builders: 1971

Jacques v Amalgamated Union of Engineering Workers: 1986

The rules of a Trades Union are not to be construed as if they were a statute but are ‘to be given a reasonable interpretation which accords with their intended meaning; bearing in mind their authorship, their purpose and the readership to which they are addressed’ Citations: [1986] ICR 683 Cited by: Cited – Associated … Continue reading Jacques v Amalgamated Union of Engineering Workers: 1986

Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union: HL 1972

Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local officers had advised its shop stewards to obey the court order, which advice had been rejected. The House … Continue reading Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union: HL 1972

National Coal Board v National Union of Mineworkers: 1986

A collective agreement between employer and the recognised trades union was ‘inapt to become enforceable terms of an individual’s contract of employment.’ Such collective agreements may deal with the appropriate mechanisms for dealing with industrial disputes or for collective bargaining, matters patently not intended to be legally enforceable by the individual employee. Judges: Scott J … Continue reading National Coal Board v National Union of Mineworkers: 1986

Dimbleby and Sons v National Union of Journalists: HL 1984

The Trades Union caused its members to withdraw their labour from the plaintiff, so preventing the plaintiff from performing a contract with a firm of printers. The conduct was aimed, primarily, not at the plaintiff but at the printers, with whom the union was in dispute. Held: The plaintiff’s claim for an injunction was upheld. … Continue reading Dimbleby and Sons v National Union of Journalists: HL 1984

Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002

The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary. Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether … Continue reading Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002

Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Rolls-Royce plc v Unite the Union: CA 14 May 2009

The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009

Gouriet v Union of Post Office Workers: HL 26 Jul 1977

The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

Allen and others v GMB: CA 16 Jul 2008

The claimants were members of the defendant trades union which settled their claims for sex discrimination against local authorities. They said that the union had entered into a settlement which still discriminated against them, and that therefore the union was itself guilty of indirect sex discrimination. Held: The claimants’ appeal succeeded, and the matter was … Continue reading Allen and others v GMB: CA 16 Jul 2008

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Harris v Richard Lawson Autologistics Ltd: CA 14 Mar 2002

The employee was a member of a trades union which had a closed shop agreement with the respondents. The union representative had negotiated new terms with reduced holidays. The employee objected on a later redundancy. Held: The shop steward had been elected by the members and had ostensible authority to negotiate changes in terms and … Continue reading Harris v Richard Lawson Autologistics Ltd: CA 14 Mar 2002

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Truscott v Truscott; Wraith v Sheffield Forgemasters Ltd: CA 31 Jul 1997

Mr Truscott (T), from Tunbridge Wells instructed local solicitors in county court proceedings about a maintenance payment order involving his ex-wife. Dissatisfied with his local solicitors he instructed a small firm of solicitors in central London. On an appeal from the district judge, the county court judge held that T should not have used London … Continue reading Truscott v Truscott; Wraith v Sheffield Forgemasters Ltd: CA 31 Jul 1997

Redfearn v The United Kingdom: ECHR 6 Nov 2012

The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012

Edwards v London Borough of Sutton: EAT 12 Jul 2012

EAT PRACTICE AND PROCEDURE – AmendmentAn application to amend was made which the Employment Tribunal Judge had refused purely on the basis that it involved new claims; that was clearly wrong. She should have followed the procedure in Selkent v More [1996] ICR 836 at 842, this being an application which involved an amendment which … Continue reading Edwards v London Borough of Sutton: EAT 12 Jul 2012

Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994

A trades union is to tell the employer who is being balloted for strike action. Its notice of industrial action must identify those to be ballotted. Judges: Thomas Bingham MR Citations: Times 23-Mar-1994, Ind Summary 18-Apr-1994, [1994] ICR 648 Statutes: Trade Union Reform & Employment Rights Act 1993, Trade Union and Labour Relations (Consolidation) Act … Continue reading Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994

Sodexho Ltd v Gibbons: EAT 14 Jul 2005

EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005

Street v Derbyshire Unemployed Workers Centre: EAT 22 Sep 2003

The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant. Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court could look to motive, and a bad motive might defeat the protection even if the … Continue reading Street v Derbyshire Unemployed Workers Centre: EAT 22 Sep 2003

Gayle v Sandwell and West Birmingham Hospitals NHS Trust: CA 28 Jul 2011

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

Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003

The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme. Held: Since the calculations employed would have been carried out for others whether or not the instant pension scheme … Continue reading Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003

Unison, Regina (on The Application of) and Another v NHS Shared Business Services Ltd and Another: Admn 15 Mar 2012

The claimant trades union sought to challenge the respondent’s decision to outsource various services, saying they had been in breach of the 2006 Regulations. The respondents said that the Regulations did not apply. Held: There may be circumstances where a party other than economic operator may seek to obtain a public law remedy for breach … Continue reading Unison, Regina (on The Application of) and Another v NHS Shared Business Services Ltd and Another: Admn 15 Mar 2012

Meadows Indemnity Co Ltd v The Insurance Corporation of Ireland plc and Another: CA 1989

A claim was made for declaratory relief. Held: The Claimant, a re-insurer, did not have locus to claim a declaration that the main insurer could avoid the main contract of insurance, to which the Claimant was not a party. The court considered ‘the general policy of the law to resolve disputes between all parties in … Continue reading Meadows Indemnity Co Ltd v The Insurance Corporation of Ireland plc and Another: CA 1989

Wandsworth London Borough Council v D’Silva and Another: CA 9 Dec 1997

The council wanted to change its Code of Practice on Staff Sickness. Employees objected. The Council argued that the Code was not part of the employment contract, and that in any event the contract reserved to the council the right to alter the terms and conditions. Held: A Code of Practice was to be interpreted … Continue reading Wandsworth London Borough Council v D’Silva and Another: CA 9 Dec 1997

Ewing, Regina (on the Application of) v Davis: Admn 2 Jul 2007

The court considered whether the District Judge had been correct to refuse to issue summonses for private prosecutions where there was a suggestion that only a private dispute at stake. Held: It ‘never was any requirement that a private prosecutor had to demonstrate that it was in the public interest that he should bring a … Continue reading Ewing, Regina (on the Application of) v Davis: Admn 2 Jul 2007

Argyll and Clyde Health Board v Foulds and others: EAT 11 Aug 2006

EAT Claimant sought to add a new respondent by way of amendment, almost seven months after he was dismissed by the existing first respondents and some four months after he had lodged his claim with the tribunal. The tribunal allowed the amendment on the basis that the claimant was not adding a new claim but … Continue reading Argyll and Clyde Health Board v Foulds and others: EAT 11 Aug 2006

Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

Prakash v Wolverhampton City Council: EAT 1 Sep 2006

EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006

Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006

The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006

Cabvision Ltd v Feetum and others: CA 20 Dec 2005

The company challenged the appointment of administrative receivers, saying there had been no insolvency. Held: No question arises of a derivative action arose here. The claimant had standing to apply for declaratory relief since they were directly affected by the appointment. As to the appointment itself ‘it is inconceivable that in enacting the relevant provisions … Continue reading Cabvision Ltd v Feetum and others: CA 20 Dec 2005

International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

Ali v Office of National Statistics: CA 21 Oct 2004

The court set out the proper approach to an application for leave to amend an originating application before the Employment Tribunal. Judges: The Honerable Mr Justice Maurice Kay Lord Justice Waller Lord Justice Chadwick Citations: [2004] EWCA Civ 1363, [2005] IRLR 201 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Office of National … Continue reading Ali v Office of National Statistics: CA 21 Oct 2004

Kaur v MG Rover Group Ltd: CA 17 Nov 2004

The applicant was employed by the respondent who had a collective agreement with a trade union. Held: Not all elements of the collective agreement need be intended to be legally enforceable. She complained that the collective agreement would have protected her from compulsory redundancy. Keene LJ said: ‘the words relied on by the respondent . … Continue reading Kaur v MG Rover Group Ltd: CA 17 Nov 2004

Hibernia Foods Ltd v Wilson: EAT 17 May 2000

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

Swiss Re Life and Health Ltd v A H Kay: EAT 11 Jul 2002

The claimant solicitor had alleged disability discrimination, but several months later applied to amend his claim, to include a claim for unfair dismissal. The respondent appealed permission to do so. Held: The EAT was being asked to interfere with the exercise of a discretion, and faced a high hurdle. The tribunal should look at what … Continue reading Swiss Re Life and Health Ltd v A H Kay: EAT 11 Jul 2002

Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

(Bermuda) An alternative remedy to winding up is available to a shareholder where oppressive conduct is alleged, though the main thrust is that the conduct is unlawful. Judges: Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Cooke of Thorndon Lord Clyde Citations: Times 31-Oct-1997, [1997] UKPC 44 Links: Bailii Statutes: Companies Act 1985 459, … Continue reading Bermuda Cablevision Limited and others v Colica Trust Company Limited: PC 6 Oct 1997

New Zealand Shipping Co Ltd v Societe des Ateliers et Chantiers de France: 1919

Citations: [1919] AC 718 Cited by: Cited – Torquay Hotel v Cousins CA 17-Dec-1968 The plaintiff contracted to buy oil for his hotel from Esso. Members of the defendant trades union blocked the deliveries of oil by Esso to the Hotel because of a trade dispute they had with the management of the hotel. The … Continue reading New Zealand Shipping Co Ltd v Societe des Ateliers et Chantiers de France: 1919

Regina on the Application of Prison Officers’ Association v the Secretary of State for the Home Department: Admn 10 Nov 2003

The applicant trades union complained that the employer had failed to consult it before introducing new policies which had effect of breaching a legally binding agreement with the Association. Held: The existing agreement provided for any dispute to be referred to arbitration. That had not occurred, and the judicial review was refused. Judges: The Honourable … Continue reading Regina on the Application of Prison Officers’ Association v the Secretary of State for the Home Department: Admn 10 Nov 2003

Attorney-General v Able and Others: QBD 28 Apr 1983

The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing suicide. The stated aim of the booklet was to help readers overcome the fear of dying. Held: … Continue reading Attorney-General v Able and Others: QBD 28 Apr 1983

Triefus and Co Ltd v Post Office: CA 1957

The plaintiff sought damages after the defendant lost two mail packets. Held: Acceptance of a postal packet by the Post Office for transmission to the addressee gives rise to no contractual rights. The court analysed the history of legislation for the delivery of mail. The defendant’s liability was limited to andpound;2 18s per packet. Judges: … Continue reading Triefus and Co Ltd v Post Office: CA 1957

Feetum v Levy: CA 2006

Jonathan Parker LJ discussed the granting of declarations: ‘things have indeed moved on since the Meadows case was decided; and the courts should not nowadays apply such a restrictive meaning to the passage in Lord Diplock’s speech in Gouriet’s case’. Judges: Jonathan Parker LJ Citations: [2006] Ch 585 Jurisdiction: England and Wales Citing: Cited – … Continue reading Feetum v Levy: CA 2006

Emerald Construction Co v Lowthian: CA 1965

The defendant union officials threatened a building contractor with a strike unless he terminated a sub-contract for the supply of labour. They obviously knew that there was a contract, since they wanted it terminated, but did not know its terms and, in particular, how soon it could be terminated. Held: Lord Denning MR said: ‘Even … Continue reading Emerald Construction Co v Lowthian: CA 1965

Morgan v Fry: QBD 1967

Four trades union members, including the plaintiff formed a breakaway association, being discontented with a wage settlement agreed by the union. A union representative informed the employer that his members would not work alongside them. The employer dismissed the plaintiff, who sued the union alleging conspiracy and intimidation. Judges: Widgery J Citations: [1967] 2 All … Continue reading Morgan v Fry: QBD 1967

London County Council v Attorney General: 1901

Lord MacNaghten said: ‘Income tax, if I may be pardoned for saying so, is a tax on income. It is not meant to be a tax on anything else.’Lord Macnaghten said of a relator action: ‘The initiation of the litigation, and the determination of the question whether it is a proper case for the Attorney-General … Continue reading London County Council v Attorney General: 1901

Attorney General of The Dutchy, At The Relation of Mr Vermuden v Sir John Heath nd Others: 9 Jul 1690

The Attorney General of the Dutchy Court exhibits an information in behalf of one part-owner of coal-mines, against the other ; outlawry in the relator is a good plea. In a relator action, the King’s name is only made use of by the form of the court . . the suit is not for the … Continue reading Attorney General of The Dutchy, At The Relation of Mr Vermuden v Sir John Heath nd Others: 9 Jul 1690

Attorney-General v The Ironmongers’ Company Betton’s Charity: 14 Feb 1840

Bequest of residue to a company, to apply the interest of a moiety ‘unto the redemption of British slaves in Turkey or Barbary,’ one-fourth to charity schools in London and its suburbs; and in consideration of the care and pains of the company, the remaining one-fourth towards necessitated decayed freemen of the company. There were … Continue reading Attorney-General v The Ironmongers’ Company Betton’s Charity: 14 Feb 1840

Esso Petroleum v Kingswood Motors (Addlestone) Ltd and Others: 1974

The defendant entered into a five year solus tie agreement with the plaintiff which required the defendant before completing any sale or transfer of the garage or its business to notify Esso and procure such person to enter into a direct agreement with Esso in the same terms as the agreement between Esso and the … Continue reading Esso Petroleum v Kingswood Motors (Addlestone) Ltd and Others: 1974

D C Thomson and Co Ltd v Deakin: CA 1952

The defendant Trades Union was alleged to have indirectly prevented a supplier from performing its contract to supply paper to the plaintiffs by inducing its members to withdraw their services from the supplier. Held: It is a tort at common law knowingly to have contractual dealings which are inconsistent with a prior contract. It is … Continue reading D C Thomson and Co Ltd v Deakin: CA 1952

In Re S (Hospital Patient: Court’s Jurisdiction): CA 6 Mar 1995

The carer of S sought a declaration that S’s wife and son were not entitled to remove him to Norway. Held: The court may try an issue as to the patient’s care as between rival claimants as carers. It should not tightly restrict list of carers able to apply for declaratory relief. A patient’s current … Continue reading In Re S (Hospital Patient: Court’s Jurisdiction): CA 6 Mar 1995

South West Trains Ltd v Wightman and Others: ChD 14 Jan 1998

The trades’ union had agreed with the employer that what had been irregular and non-pensionable payments made to employees would, in future, be paid regularly, but that only certain parts of the payments become pensionable. The employer now sought to enforce that agreement, on the inception of a new scheme which it had to be … Continue reading South West Trains Ltd v Wightman and Others: ChD 14 Jan 1998

Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

Lidl Ltd v Central Arbitration Committee and Another: CA 4 May 2017

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

In Re Z (Local Authority: Duty): FD 3 Dec 2004

Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004

Balamoody v Manchester Health Authority: EAT 2 Mar 1999

The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He … Continue reading Balamoody v Manchester Health Authority: EAT 2 Mar 1999

Science Warehouse Ltd v Mills: EAT 9 Oct 2015

EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended)) At a Preliminary Hearing, the Claimant applied to amend to add a new claim (victimisation), which post-dated the ET1. The Respondent objected solely on … Continue reading Science Warehouse Ltd v Mills: EAT 9 Oct 2015

POA And Others v The United Kingdom: ECHR 21 May 2013

Prison officers sought to assert that the restrictions on their rights to take industrial action, imposed by law, were a disproportionate inerference in their rights when the institutions in which they worked were privatised. Held: Inadmissible. Ineta Ziemele, P 59253/11 – Admissibility Decision, [2013] ECHR 600 Bailii European Convention on Human Rights Citing: See Also … Continue reading POA And Others v The United Kingdom: ECHR 21 May 2013

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

Foster v McNicol and Another: QBD 28 Jul 2016

Incumbent Labour leader did not need nominations The claimant challenged a decision of the National Executive Committee of the Labour Party to allow its present Leader to stand in the leadership election challenging his position without the need for him to submit first the otherwise standard nominations from a certain percentage of the party. Held: … Continue reading Foster v McNicol and Another: QBD 28 Jul 2016

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

Selkent Bus Co Ltd v Moore: EAT 2 May 1996

The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996