IRS conference on working with trade unions

The IRS one-day conference on Working with trade unions - brought to you by the XpertHR Group - will provide you with the legal and practical knowledge you need to develop a true industry/trade union partnership. The conference will help you to improve your relationship with your union; understand the legal circumstances and ramifications of recent decisions concerning industrial action at Royal Mail and British Airways; present a case for management decisions to your union; and change employee terms and conditions in conjunction with your union. 

To help you make the most of the conference, we highlight just some of the material on this subject available on XpertHR including recent case law and a series of trade union FAQs. 

You may also be interested in attending the IRS masterclass on formal trade union negotiations, which is being held on 16 June 2010. 

 

Training to get the most out of XpertHR

Are you getting the most out of XpertHR? If not, we can provide training to help you understand XpertHR’s content, functions and capabilities. Training sessions can be tailored to suit your specific needs and there are a number of ways in which we provide this service:

  • One-to-one (via telephone)
  • A conference call for your team
  • Group presentations
  • Attending HR meetings

To request training for yourself or a colleague please email: training@xperthr.co.uk. 

 

Employment law manual: trade unions

The XpertHR employment law manual has a chapter on Industrial relations that provides accessible and up-to-date guidance on the law on trade unions, including trade union recognition, the consequences of recognition, handling industrial action and picketing. It also alerts you to forthcoming changes to the law, via the Future developments subsections, a feature of all the employment law manual sections. 

 

Trade union frequently asked questions

XpertHR's FAQs section provides answers to commonly asked questions on a wide range of topics. Questions on trade unions include:

We welcome suggestions for new FAQs from our subscribers, so if there's a question that you would like to see answered on the site, use the Suggest tab in the FAQs section to submit your idea. 

However, if you have a particular query and wish to receive an individual response to it within a short timeframe, you should make use of the Legal Advice section of the site (within Employment Law in the left-hand toolbar). You can telephone or email your question to be answered by a specialist employment lawyer. 

 

Recent case law

Keep up with the latest developments in employment case law and check key legal precedents. Recently reported trade union cases include:

Sandhu and others v Gate Gourmet London Ltd [2009] IRLR 807 EAT
In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged. 

Shanahan Engineering v Unite the union EAT/0411/09
The Employment Appeal Tribunal (EAT) has held that, even where “special circumstances” existed in a collective redundancy situation, the employer was not totally relieved from its obligations to consult with the affected employees. However, the EAT allowed part of the appeal by remitting the matter of the protective award back to the tribunal. 

Malone and others v British Airways plc [2010] IRLR 431 HC
The High Court has held that provisions regarding minimum crew complements, contained in collective agreements, were not legally incorporated into employees’ contracts of employment, and those employees could not rely on them. In any event an injunction sought by the employees, to restrain British Airways (BA) from crewing planes other than in accordance with that collective agreement, could not possibly be justified. 

For up-to-the-minute news on key cases that have not yet been reported elsewhere on XpertHR, see the XpertHR stop press. 

 

Model policies and documents

The XpertHR policies and documents section provides a range of documents relevant to trade unions including:

 

Practical guidance

XpertHR's How to section provides practical step-by-step advice on working with trade unions and employee representatives, including how to handle the statutory recognition procedure; managing the consequences of recognition; trade union derecognition; and details of the employer's obligation to inform and consult prior to redundancies. 

XpertHR's good practice guide section consists of accessible guidance that goes above and beyond what employers are required to do by law.  The section includes a guide on Informing and consulting during a collective redundancy process, which covers, among other things, why employers should inform and consult employees during a collective redundancy procedure and how to do so effectively. 

 

Trade unions and industrial action

Industrial action and interim injunctions
Claire Bolton, solicitor, employment department, Davies Arnold Cooper, highlights some key considerations in the long-running dispute between British Airways and Unite. 

Lawful and unlawful behaviour on a picket line
With industrial action continuing to be an issue, there are some do's and don'ts to adhere to. Simon Ost, employment partner, Hammonds, advises on appropriate behaviour. 

Public sector warned against taking legal action over strikes
Public sector employers have been warned to steer clear of court injunctions when faced with strike ballots to prevent a backlash from employees and the general public. 

Remember, if you come across any article on XpertHR that you want to draw to the attention of a colleague, every article has a link to the right of the screen enabling you to "email this item to a colleague". Click on the link, enter the email address of your colleague, and press send. Your colleague will receive the document in full, making this an ideal tool when delegating work. Alternatively, you can email the article to yourself as a reminder.