Supreme Court delivers Judgment on Collective Bargaining – Littleton Chambers

‘The Supreme Court has handed down judgment in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, an important decision for collective bargaining. It held that the employer (Kostal) was in breach of s. 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the “1992 Act”) by making offers of a change to the terms and conditions of employment directly to employees and bypassing the procedure for collective bargaining agreed with Unite the Union (“Unite”).’

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Littleton Chambers, October 2021

Source: littletonchambers.com

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 – Inducements relating to collective bargaining – Old Square Chambers

‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’

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Old Square Chambers, 27th October 2021

Source: oldsquare.co.uk

New Judgment: Kostal UK Ltd v Dunkley and others [2021] UKSC 47 – UKSC Blog

‘The Appellant and 56 others are all members of the trade union “Unite” and are employed by the Respondent. They began formal annual pay negotiations and the Respondent made a pay offer. Union members were balloted and rejected the offer. The Respondent then made the same offer to its employees directly, bypassing Unite, also saying that if no agreement was reached “this may lead to the company serving notice on your contract of employment”.’

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UKSC Blog, 27th October 2021

Source: ukscblog.com

Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library

Posted October 15th, 2021 in carers, families, fostering, local government, news, parliament, remuneration by tracey

‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’

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House of Commons Library , 7th October 2021

Source: commonslibrary.parliament.uk

Gender pay gap at Bar has widened over past 20 years – Legal Futures

‘The income gap between male and female barristers has increased over the last 20 years, new Bar Council figures have shown.’

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Legal Futures, 4th October 2021

Source: www.legalfutures.co.uk

Arbitrators escape the red card in Manchester City case – Practical Law: Construction Blog

Posted September 23rd, 2021 in arbitration, bias, news, remuneration, sport by tracey

‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’

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Practical Law: Construction Blog, 22nd September 2021

Source: constructionblog.practicallaw.com

Firms urged to protect workers from abuse in ‘wild west’ UK gig economy – The Independent

Posted September 20th, 2021 in employment, harassment, news, remuneration, sick leave, trade unions by tracey

‘Gig economy firms are facing calls to better protect their workers, as an MP and a trade union warn of a wave of harassment and physical and emotional abuse facing couriers and taxi drivers.’

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The Independent, 19th September 2021

Source: www.theguardian.com

Police launch legal action against government amid row over pensions and pay freeze – The Independent

Posted September 14th, 2021 in judicial review, news, pensions, police, remuneration by tracey

‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’

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The Independent, 14th September 2021

Source: www.independent.co.uk

Can Your Employer Cut Your Pay For Working Remotely? – Each Other

Posted August 26th, 2021 in coronavirus, disabled persons, employment, flexible working, news, remuneration by sally

‘As the UK eases back into in-person work environments, some employers are considering pay cuts for employees who elect to work remotely.’

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Each Other, 25th August 2021

Source: eachother.org.uk

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Ad men sacked to improve gender pay gap win sex discrimination claim – The Guardian

‘Two white male creative directors at a top London advertising agency have won a sex discrimination claim after a female director vowed to “obliterate” its Mad Men reputation of being full of straight, white men.’

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The Guardian, 23rd July 2021

Source: www.theguardian.com

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by tracey

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

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OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

What employees need to know about their rights during COVID – Oxford Human Rights Hub

Posted June 24th, 2021 in coronavirus, employment, flexible working, news, remuneration by sally

‘Since the start of the global COVID pandemic, many employees have experienced upheaval, uncertainty, and disruption within their jobs. Some employees have experienced worry about their own personal safety when they are present at their place of work. For others, being furloughed might have put their long-term career aspirations into doubt. With COVID restrictions now easing and the UK firmly following the roadmap out of lockdown, new questions are emerging about employee rights. However, it is important to remember that all employees still have significant rights during COVID.’

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Oxford Human Rights Hub, 21st June 2021

Source: ohrh.law.ox.ac.uk

Uncertainties remain over UK’s IR35 rules – OUT-LAW.com

Posted June 23rd, 2021 in employment, HM Revenue & Customs, news, remuneration, taxation by sally

‘Widespread changes to the UK’s IR35 off-payroll working rules came into force on 6 April 2021, and despite a 12-month delay to implementation, detailed HM Revenue and Customs (HMRC) guidance and subsequent amendments to the legislation, areas of uncertainty remain.’

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OUT-LAW.com, 21st June 2021

Source: www.pinsentmasons.com

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Workers watchdog launched to clamp down on abuse – BBC News

Posted June 8th, 2021 in employment, enforcement, forced labour, news, remuneration, sanctions by sally

‘The government has announced the creation of a new workers’ watchdog to take over protecting the rights of UK workers.’

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BBC News, 8th June 2021

Source: www.bbc.co.uk

Tesco staff win legal argument in equal pay fight – BBC News

‘Thousands of current and former Tesco workers have won a legal argument in their fight for equal pay.’

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BBC News, 3rd June 2021

Source: www.bbc.co.uk

Uber recognises union for first time in landmark deal – BBC News

Posted May 27th, 2021 in holiday pay, news, pensions, remuneration, taxis, trade unions by tracey

‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’

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BBC News, 26th May 2021

Source: www.bbc.co.uk

Court rejects appeal from solicitor struck off for gross overcharging – Legal Futures

Posted May 18th, 2021 in costs, disciplinary procedures, executors, news, remuneration, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off after charging an estate where he was sole executor over eight times the reasonable remuneration to which he was entitled under the will.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Tomlinson-Blake in the Supreme Court – by Kate Ewing – UK Labour Law

Posted April 29th, 2021 in care workers, minimum wage, news, remuneration, Supreme Court, working time by sally

‘The Supreme Court decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another (T/A Clifton House Residential Home) [2021] UKSC 8 (“Mencap”) can only be described as a bitter blow to low paid, hard-working care workers who have been at the forefront of the most essential work during the ongoing global pandemic. In emotional terms it is hard to comprehend how such workers can feel anything other than betrayed and devalued as a result. The decision is, in the context of the great efforts by these workers, quite simply crushing. In legal terms, the decision also generates real concerns about the fragmentation of a basic minimum labour standard – the wage floor. One difficulty is the legal framework that workers have to rely on in relation to minimum wage protection in the UK. Further concerns also relate to the approach taken by the Supreme Court to the concept of time to be considered working (“work time”) in relation to the National Minimum Wage (“NMW”).’

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UK Labour Law, 28th April 2021

Source: uklabourlawblog.com