Industrial action | Trade unions and trade union recognition | Collective employee relations | Employment law cases | HR Tools

Cases on appeal

Cases on appeal provides news on key case law developments that are expected.

Trade unions: No protection against detriment for participating in industrial action

Date:: 25 March 2022

In Mercer v Alternative Future Group Ltd and another, the Court of Appeal held that legislation that provides protection against detriment for trade union activities cannot be interpreted to cover detriment for participation in industrial action.

Industrial action: Deductions for strike days to be made at rate of one-365th of annual salary

Date:: 31 December 2017

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.

Industrial action: correct approach to deducting pay for teachers on strike

Date:: 25 May 2017

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.

UK law prohibiting secondary industrial action is lawful

Date:: 9 April 2014

The European Court of Human Rights has held that UK laws that prohibit secondary or "sympathy" industrial action do not violate art.11 of the European Convention on Human Rights, which covers freedom of assembly and association.

Minor accidental infringements do not invalidate union ballots

Date:: 7 March 2011

The Court of Appeal has overturned two High Court injunctions preventing trade unions ASLEF and the RMT from striking.

Court of Appeal publishes full judgment overturning British Airways strike injunction

Date:: 24 June 2010

The Court of Appeal has handed down its full judgment overturning an injunction preventing British Airways cabin crew from striking.

Case round-up

Date:: 1 June 2010

Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.

Trade union's notice of continuous and discontinuous industrial action is sufficient

Date:: 30 April 2010

The Court of Appeal has held that, where a union serves notice on the employer of intended industrial action, one notice is sufficient for both continuous and discontinuous industrial action.

Industrial action: Gate Gourmet employees were fairly dismissed

Date:: 8 September 2009

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.

Employment law cases

All items: Industrial action

Cases on appeal

Trade unions: No protection against detriment for participating in industrial action

Industrial action: Deductions for strike days to be made at rate of one-365th of annual salary

Industrial action: correct approach to deducting pay for teachers on strike

UK law prohibiting secondary industrial action is lawful

Minor accidental infringements do not invalidate union ballots

Court of Appeal publishes full judgment overturning British Airways strike injunction

Case round-up

Trade union's notice of continuous and discontinuous industrial action is sufficient

Industrial action: Gate Gourmet employees were fairly dismissed

About this category

Explore XpertHR

Learn more

Get in touch

Connect with us