Archive for the 'trade unions' Category

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Unions welcome court strike ruling – BBC News

“Two rail unions have welcomed a court ruling that prevents minor mistakes in balloting being used to halt strikes.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Cameron agrees to consider anti-strike law reform – The Guardian

“Rules may be changed so that strike is only lawful if a majority of those entitled to vote back the action.”

Full story

The Guardian, 12th January 2011

Source: www.guardian.co.uk

CBI calls for tougher legislation on right to strike – The Guardian

“Business leaders will today urge the government to introduce stringent new laws to make it harder for public sector workers to go on strike and prevent the country grinding to a halt as opposition grows to the looming spending cuts.”

Full story

The Guardian, 4th October 2010

Source: www.guardian.co.uk

Unions threaten strike action over civil service redundancy deal – The Guardian

“Civil service unions are threatening strike action after the government announced a ‘non-negotiable’ new redundancy deal that will reduce pay-outs for compulsory redundancies from a maximum of more than six years to just one year.”

Full story

The Guardian, 6th July 2010

Source: www.guardian.co.uk

Government accused of declaring war on unions over strike law and redundancy plans – The Guardian

“The government was today (5 July) accused of declaring war on trade unions as ministers moved to cut the redundancy terms of public sector workers and reports emerged of plans to tighten up the law on strike ballots.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Government shuns call to change strike laws – BBC News

“The government has slapped down calls by business leaders for changes to rules regarding strike ballots.”

Full story

BBC News, 21st June 2010

Source: www.bbc.co.uk

CBI calls for shake-up of UK’s labour laws – The Guardian

“The TUC has condemned new proposals from the powerful business lobby group CBI to make it harder for workers to strike as ‘a charter for exploitation at work’.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk

Government targets reform of health and safety laws – The Independent

“David Cameron has ordered a review of health and safety laws to tackle the ‘compensation culture’ that has mushroomed in Britain in the past 10 years.”

Full story

The Independent, 14th June 2010

Source: www.independent.co.uk

Civil service redundancy decision is not quite the victory we thought – The Guardian

“Earlier this month, the Public and Commercial Services Union challenged the government’s attempts to reduce the level of redundancy pay for civil servants, and won. The case has been hailed as a ‘major victory’, but it may not be the triumph it first appears.”

Full story

The Guardian, 28th May 2010

Source: www.guardian.co.uk

Teacher who attacked pupil is sacked – The Independent

“A science teacher who attacked a 14-year-old pupil with a dumbbell was sacked from his job, a union said. Peter Harvey, 50, was handed a two year community order on Monday at Nottingham Crown Court after he admitted bludgeoning the boy at All Saints’ Roman Catholic School in Mansfield.”

Full story

The Independent, 27th May 2010

Source: www.independent.co.uk

British Airways plc v Unite the Union – WLR Daily

British Airways plc v Unite the Union [2010] WLR (D) 131

“When, following a ballot the result of which supported strike action, one was asking whether a union and its members were protected from a claim in tort under certain provisions within Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, the conditions contained in s 231 of the Act as to the provision by the union of information to its members concerning the results of the ballot were critical. However, s 231 was poorly drafted and it was not appropriate to adopt an over-literal interpretation of its wording.”

WLR Daily, 21st May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British Airways strikes banned by High Court – Daily Telegraph

“Air passengers have received a double dose of good news as the British Airways strike was averted and regulators changed the rules on flying through volcanic ash.”

Full story

Daily Telegraph, 18th May 2010

Source: www.telegraph.co.uk

Sats boycott prompts threat of legal challenge – Daily Telegraph

“Headteachers are facing possible legal action after pressing ahead with a planned boycott of Sats tests in England.”

Full story

Daily Telegraph, 21st April 2010

Source: www.telegraph.co.uk

Unions call for ‘Cadbury law’ to protect British industry – The Guardian

“Unions today called for a ‘Cadbury law’ to protect the crown jewels of British industry following a damning verdict by MPs on the chocolate maker’s takeover by US food conglomerate Kraft.”

Full story

The Guardian, 6th April 2010

Source: www.guardian.co.uk

Network Rail to challenge strike ballot in high court – The Guardian

“Network Rail will today try to avert next week’s planned four-day national rail strike by challenging the strike ballot in the high court.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

BA pilot holiday pay row lands in court – BBC News

“British Airways is due in court to fight a union’s attempt to change its policy on holiday pay for pilots.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

BA cabin crew lose high court battle to prevent airline cuts – The Guardian

“British Airways cabin crew today lost their high court bid for a permanent injunction preventing the airline from imposing cost-cutting proposals.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Alemo-Herron and Others v Parkwood Leisure Ltd

Court of Appeal

“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

British Airways faces renewed legal action – BBC News

“The union Unite is due to go to the High Court to try to get the changes brought in by British Airways to cabin crew last year overturned.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Royal Mail to face legal action – BBC News

“The Communication Workers Union (CWU) is going to the High Court on Friday to seek an injunction preventing Royal Mail from using 30,000 agency workers.”

Full story

BBC News, 3rd November 2009

Source: www.bbc.co.uk

BA facing union legal challenge – BBC News

“Unite the union is to take legal action to try to stop British Airways’ plans to impose new pay and conditions on 14,000 cabin crew.”

Full story

BBC News, 30th October 2009

Source: www.bbc.co.uk

Metrobus Ltd v Unite the Union – WLR Daily

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279

“Where an employer sought an injunction to restrain a strike, a union’s failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the result of the ballot could justify the grant of an injunction restraining the strike. S 231A, and also ss 226 and 234A, were not disproportionate restrictions on the rights of association conferred by art 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The obligations under those sections could not be regarded as onerous so that they could be said to constitute a serious impediment on a union’s ability to call a strike.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Warning for firms that set up trade union blacklist – The Guardian

“Major companies which set up and funded a secret blacklist to deny work to thousands of trade unionists will escape prosecution, it emerged today. A judge fined a private investigator who operated the covert blacklist but said he was not the only person responsible but was financed by big ‘high street’ companies. Major firms in the construction industry will be officially warned that they will be prosecuted if they set up a new blacklist.”

Full story

The Guardian, 17th July 2009

Source: www.guardian.co.uk

Gangmaster laws to be extended to cut deaths in construction industry – The Guardian

“Directors will be legally forced to ensure good health and safety management and gangmaster licensing will be extended to the construction industry as the centrepiece of a hard-hitting government inquiry into the high number of fatalities on Britain’s building sites published today.”

Full story

The Guardian, 8th July 2009

Source: www.guardian.co.uk

Blacklisting of union members by companies to be outlawed – The Guardian

“The government is to outlaw the use by companies of covert blacklists that have prevented trade unionists from getting work. Ministers have been forced to act after a watchdog exposed widespread blacklisting in the construction industry this year.”

Full story

The Guardian, 10th May 2009

Source: www.guardian.co.uk

Legal dispute over Sats boycott – BBC News

“A proposed boycott of Sats tests by two of England’s main education unions would be unlawful, the government says.”

Full story

BBC News, 10th April 2009

Source: www.bbc.co.uk

£6m of sick miners’ awards went to Arthur Scargill’s union – The Times

“Arthur Scargill’s trade union was paid more than £6 million by a firm of solicitors that deducted the money from compensation awarded to sick miners for industrial disease, a tribunal was told.”

Full story

The Times, 7th January 2009

Source: www.timesonline.co.uk

Solicitors accused over ‘dubious deals’ with union official that cost sick miners thousands – The Times

“Britain’s highest-earning solicitor acted dishonestly and with ‘conscious impropriety’ in dealings with a mining union that led to his firm handling thousands of industrial disease compensation claims, a tribunal heard yesterday.”

Full story

The Times, 18th November 2008

Source: www.timesonline.co.uk

Employment Act 2008

Employment Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Allen and Others v GMB – Times Law Reports

Allen and Others v GMB

Court of Appeal

“A trade union was not justified in indirectly discriminating against a number of female members in resolving gender-based pay inequalities among local authority employees.”

The Times, 1st September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Union takes outsourcing case to Employment Tribunal – OUT-LAW.com

“A £400 million outsourcing deal between local authorities and IBM was unfair because the full details of the transfer of staff to a private company were not revealed, workers’ union Unison has said.”

Full story

OUT-LAW.com, 7th August 2008

Source: www.out-law.com

Equal pay: Unions face compensation claims of up to £100m – The Guardian

“Unions are facing the threat of a compensation bill for as much as £100m in the wake of an appeal court ruling that they broke the law by discriminating against women indirectly in the way they settled equal pay claims in local government.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Allen and others v GMB – WLR Daily

Allen and others v GMB [2008] EWCA Civ 810; [2008] WLR (D) 243

The striking of a deal by a trade union with a local authority as to terms and conditions of employment pursuant to a national collective agreement establishing a ‘single status’ common pay and grading structure for all local authorities, which deal attempted to achieve compensation for some union members for past pay inequality as well as ongoing pay and employment protection for all members, was indirectly discriminatory since it constituted the application of a provision, criterion or practice which applied equally to men but was to the detriment of a considerably larger proportion of women than of men and since the means adopted by the union to persuade members to accept the deal, including mis-selling and manipulation, were not proportionate to the union’s legitimate aim of achieving single status with the minimum of losers.”

WLR Daily, 17th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Unions discriminated against female workers, court rules – The Times

“One of the country’s largest trade unions discriminated against female members while negotiating a pay deal with their employer, the Court of Appeal said today in a ruling that could cost it and other unions millions of pounds.”

Full story

The Times, 16th July 2008

Source: www.timesonline.co.uk

Legal ruling safeguards UK jobs – BBC News

“Following a landmark legal ruling this week, employers will now need to consult trade unions before they make a decision to close a workplace in the UK.”

Full story

BBC News, 26th October 2007

Source: www.bbc.co.uk

Day v Haine and another – WLR Daily

Day v Haine and another

Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”

WLR Daily, 22nd October 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bill to regulate solicitors ‘risks another miners’ compensation fiasco’ – The Times

“Plans for a shake-up of the legal profession, to be debated by MPs today, could lead to another fiasco like the miners’ compensation scheme, because trade unions would be exempt from consumer safeguards, Conservative MPs say.”

Full story

The Times, 15th October 2007

Source: www.timesonline.co.uk

Jail dispute set to spread to other public sector unions despite talks – The Guardian

“More strikes by prison officers look inevitable in the wake of the government’s response to this week’s wildcat action. The justice secretary, Jack Straw, is due to meet union leaders today for ‘meaningful talks’, but both sides appeared headed for a confrontation which could spread to other public sector unions.”

Full story

The Guardian, 31st August 2007

Source: www.guardian.co.uk

Union cleared over gender pay claim – The Times

“One of the country’s biggest trade unions did not discriminate against female members in its negotiations on equal pay claims, an Employment Appeal Tribunal ruled today. ”

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk


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