In Allen and others v GMB  IRLR 690, the Court of Appeal held that a trade union indirectly discriminated against a group of its members where its aim was to secure pay protection and future pay for employees, but its means of achieving this aim - persuading women with historic equal pay claims to settle them disadvantageously - were disproportionate.
The Court of Appeal has held that the GMB committed indirect sex discrimination in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute.
In a controversial ruling issued in April 2008, the European Court of Justice (ECJ) found that public authorities cannot demand that companies that are awarded works contracts must pay wages to all workers (including workers posted from other countries) that are in line with rates set out in collective agreements applicable to the place of work.
The European Court of Justice (ECJ) has held that industrial action by a trade union in Sweden to prevent a Latvian company from paying low wages to workers posted from Latvia could not be justified.
The European Court of Justice (ECJ) has held that the right to take industrial action can override the free movement of services in some circumstances, for example when the action is necessary to counter a serious threat to jobs or working conditions.
The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.
Where the Central Arbitration Committee has found an employer to be in breach of certain obligations under the Information and Consultation of Employees Regulations 2004, the EAT may order the employer to pay a financial penalty to the secretary of state. In the first case to arise on this point, Amicus v MacMillan Publishers Ltd EAT/0185/07, the EAT ordered the employer to pay £55,000 in respect of a "very grave" breach.
Where, on the facts, the EAT in GMB v Allen and others  IRLR 752 was satisfied that the means used to attain a legitimate objective were, in effect, determined by the nature of that objective, it could not be said that the means were disproportionate.
In Massey v UNIFI  IRLR 902 CA, the Court of Appeal has increased the compensation awarded by the Employment Appeal Tribunal (EAT) in a case where a trade union unjustifiably disciplined one of its members.
HR and legal information and guidance relating to trade unions.