A union-proposed "bargaining unit" consisting of weekly-paid production operatives and material handlers was based on the reality of the employer's existing management organisation and practice, and was compatible with effective management for the purposes of the new trade union recognition provisions, decides the Central Arbitration Committee in Benteler Automotive UK v ISTC.
The action of an employer in derecognising an employee as a shop steward of his union was capable in law of being regarded as action, short of dismissal, taken against him as an individual within the meaning of s.146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, holds the Court of Appeal in F W Farnsworth Ltd v McCoid.
The insertion into a staff handbook of a clause about trade union membership did not amount to an agreement to extend the employer's union recognition agreement to cover managerial staff as well as staff below management grades. Therefore, holds the EAT in Makro Self Service Wholesalers Ltd v Union of Shop Distributive & Allied Workers, the employer had no statutory obligation to consult with the union about a manager's impending redundancy.
HR and legal information and guidance relating to trade union recognition.