‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’
OUT-LAW.com, 17th April 2024
Source: www.pinsentmasons.com
‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’
Local Government Lawyer, 10th April 2024
Source: www.localgovernmentlawyer.co.uk
‘UK employers faced with industrial action need to understand the steps that a trade union must take before they can lawfully make a call for industrial action and the timing of those steps.’
OUT-LAW.com, 16th February 2024
Source: www.pinsentmasons.com
‘This briefing covers the rules governing trade unions, the rights of union members, collective bargaining, strikes and other industrial action”
House of Commons Library, 5th January 2024
Source: commonslibrary.parliament.uk
‘The Strikes (Minimum Service Levels) Act 2023 came into force on 20 July 2023 and gives the government powers to make regulations to set minimum service levels in specified sectors during strikes. This includes education. Joanne Moseley looks at the implications for the sector.’
Local Government Lawyer, 15th December 2023
Source: www.localgovernmentlawyer.co.uk
‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’
UKSC Blog, 5th December 2023
Source: ukscblog.com
‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’
The Guardian, 28th November 2023
Source: www.theguardian.com
‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’
Local Government Lawyer, 24th November 2023
Source: www.localgovernmentlawyer.co.uk
‘The Trades Union Congress has lodged a complaint with the UN’s labour standards body claiming the UK government flouted the watchdog’s orders over its newly enforced “undemocratic” anti-strike law.’
The Guardian, 10th September 2023
Source: www.theguardian.com
‘Businesses affected by strike action in Britain this year have an opportunity to help the government find a way to ensure services in six important areas impacting the economy continue to be delivered while such action is underway.’
OUT-LAW.com, 5th September 2023
Source: www.pinsentmasons.com
‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’
Law Society's Gazette, 6th September 2023
Source: www.lawgazette.co.uk
‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’
Cloisters, July 2023
Source: www.cloisters.com
‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
2023 c. 37 – Illegal Migration Act 2023
2023 c. 35 – Child Support (Enforcement) Act 2023
2023 c. 34 – Equipment Theft (Prevention) Act 2023
2023 c. 39 – Strikes (Minimum Service Levels) Act 2023
2023 c. 36 – Social Housing (Regulation) Act 2023
2023 c. 33 – Employment Relations (Flexible Working) Act 2023
Source: www.legislation.gov.uk
‘A judge has paused a multi-million-pound student group action claim against a London university over Covid and strike disruption and encouraged parties to resolve their dispute away from court.’
Law Society's Gazette, 18th July 2023
Source: www.lawgazette.co.uk
‘Legal changes brought by the government to let agency staff fill in for striking workers have been quashed by the high court, with ministers’ approach to the policy being labelled “irrational”.’
The Guardian, 13th July 2023
Source: www.theguardian.com
‘Feminist campaign groups have raised the alarm about the government’s anti-strike bill, which will enforce minimum service levels, saying women’s rights will be disproportionately affected by the restrictions.’
The Guardian, 21st February 2023
Source: www.theguardian.com
‘MPs have backed plans aimed at enforcing minimum service levels for some sectors during strikes.’
BBC News, 31st January 2023
Source: www.bbc.co.uk
‘It seems that with each week there is news of a new sector or profession announcing a strike. Julie Bann, Christian Grierson and Beth Edwards consider fundamental employment law principles, answer FAQs and explore the practical and legal risks of strike action impacting the public sector.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024