In Unite the Union v Nailard, the Court of Appeal held that the union was liable for the acts of its lay officials because they were acting as its agents, but that the union was not liable for failures by its employed union officials to prevent discrimination by third-party lay officials.
In Hartley and others v King Edward VI College [2017] IRLR 763 SC, the Supreme Court held that, when deducting pay from employees' wages in respect of their participation in strike action on the relevant days, the appropriate daily rate of deduction was one-365th of the employees' annual salary, rather than one-260th as had been applied by the employer.
The Supreme Court has held that the pay of teachers must be deducted at a daily rate of 1/365th of their annual salary, rather than 1/260th, for a one-day strike.
In University of London v Morrissey, the Employment Appeal Tribunal (EAT) found that the University of London breached the Information and Consultation of Employees Regulations 2004, when it asked two recognised trade unions, whose members constituted around 25% of the workforce, to nominate employee representatives.
The Court of Appeal has held that an employer's failure to deal with antagonism towards a trade union member amounted to a detriment because of trade union activities.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
John Bracken and Nancy Goldman-Edwards are trainee solicitors and Chris McAvoy, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.