Trade unions

New and updated

  • Sex discrimination: Trade union indirectly discriminated against members

    Date:
    15 September 2008
    Type:
    Law reports

    In Allen and others v GMB [2008] 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.

  • Allen and others v GMB

    Date:
    16 July 2008
    Type:
    Law reports

    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.

  • Where an employee chooses to be accompanied at a disciplinary or grievance hearing by a union official, is the official required to be qualified or trained in this role?

    Type:
    FAQs

  • ECJ: Court rules that public contractors cannot be obliged to pay collectively agreed wage rates

    Date:
    13 May 2008
    Type:
    Law reports

    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.

  • Laval Un Partneri Ltd v Svenska Byggnadsarbetareförbundet

    Date:
    3 January 2008
    Type:
    Law reports

    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.

  • International Transport Workers' Federation and another v Viking Line ABP and another

    Date:
    14 December 2007
    Type:
    Law reports

    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.

  • Cooper and others v Isle of Wight College

    Date:
    12 December 2007
    Type:
    Law reports

    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.

  • Information and consultation: Penalty imposed for serious breach

    Date:
    15 October 2007
    Type:
    Law reports

    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.

  • Indirect sex discrimination: The end justified the means

    Date:
    2 October 2007
    Type:
    Law reports

    Where, on the facts, the EAT in GMB v Allen and others [2007] 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.

  • Massey v UNIFI

    Date:
    5 September 2007
    Type:
    Law reports

    In Massey v UNIFI [2007] 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.