Delaying new law ‘gives green light to rogue employers’, says TUC – The Guardian

Posted April 4th, 2022 in bills, delay, employment, news, trade unions by sally

‘Britain’s top union leader has written to the business secretary, Kwasi Kwarteng, to warn the government that dropping plans to legislate for tougher employment rights after mass sackings at P&O Ferries would “side with bad bosses”.’

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The Guardian, 4th April 2022

Source: www.theguardian.com

Employers can take action against striking workers, Court of Appeal decides – OUT-LAW.com

‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’

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OUT-LAW.com, 29th March 2022

Source: www.pinsentmasons.com

Law will be changed to ‘undo’ P&O’s mass sacking of its workers, government vows – The Independent

Posted March 25th, 2022 in consultations, employment, government departments, news, trade unions, transport by tracey

‘The law will be changed to “undo” P&O’s mass sacking of its workers, the government is vowing – just hours after a minister warned that would harm the economy.’

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The Independent, 24th March 2022

Source: www.independent.co.uk

Happy Birthday: Unfair Dismissal at 50 – by Hugh Collins – UK Labour Law

Posted March 3rd, 2022 in employment, employment tribunals, news, trade unions, unfair dismissal by sally

‘Half a century ago, on the 28th of February 1972, the provisions of the Industrial Relations Act 1971 that established an employee’s statutory right not to be unfairly dismissed came into force. To mark this anniversary, I offer some reflections on the significance and impact of this major legal innovation.’

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UK Labour Law, 3rd March 2022

Source: uklabourlawblog.com

Union loses legal challenge to PM’s decision to back Priti Patel – BBC News

‘The union for senior civil servants has lost its High Court challenge to Boris Johnson’s decision to back Priti Patel over claims she bullied staff.’

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BBC News, 6th December 2021

Source: www.bbc.co.uk

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

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

BMA drops opposition to assisted dying and adopts neutral stance – The Guardian

Posted September 15th, 2021 in assisted suicide, bills, doctors, news, statistics, trade unions by tracey

‘The British Medical Association (BMA) has dropped its opposition to assisted dying and adopted a neutral stance on the issue.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

More than 220 groups criticise UK review of Human Rights Act – The Guardian

Posted July 23rd, 2021 in bills, charities, human rights, judicial review, news, trade unions by sally

‘An “unprecedented” coalition of more than 220 organisations has attacked proposed changes to the Human Rights Act and judicial review as a threat to freedom and justice.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

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

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian

‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

UK launches action plan to prevent harassment and abuse of journalists – The Guardian

Posted March 9th, 2021 in freedom of expression, harassment, media, news, police, prosecutions, trade unions by tracey

‘The UK’s first national action plan aimed at protecting journalists from abuse and harassment has been published by the government with the backing of police and union leaders.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Former trade union strikers challenge convictions at appeal court – The Guardian

Posted February 3rd, 2021 in appeals, criminal justice, employment, industrial action, news, trade unions by sally

‘The actor Ricky Tomlinson is among a group of trade unionists seeking to overturn their criminal convictions arising out of an industrial strike that took place nearly five decades ago.’

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The Guardian, 3rd February 2021

Source: www.theguardian.com

Covid: Close courts in England and Wales or face strikes, union warns – BBC News

Posted January 21st, 2021 in coronavirus, courts, industrial action, news, trade unions by sally

‘A union has warned of industrial action unless courts in England and Wales close while improvements are made to staff coronavirus safety.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

‘Families of people who died deserve a hearing’: Unison boss demands public inquiry into government handling of Covid – The Independent

‘The boss of Britain’s biggest union has called for a pandemic “day of reckoning”, saying he’d been left “heartbroken” over thousands of needless deaths among his members.’

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The Independent, 8th January 2021

Source: www.independent.co.uk

Union takes legal action over Boris Johnson’s decision to clear Priti Patel of bullying – The Independent

‘Boris Johnson is facing legal action over his decision to clear Priti Patel of bullying staff at the Home Office and other departments.’

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The Independent, 10th December 2020

Source: www.independent.co.uk