Consultant editor Darren Newman looks at a recent case in which the Court of Appeal had to consider if, in sharing information from a manager's desk diary, a trade union rep had acted outside the scope of trade union activities for the purposes of the automatically unfair dismissal protection afforded by s.152 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In Morris v Metrolink RATP DEV Ltd, the Court of Appeal held that a trade union representative who retained confidential information related to a restructuring exercise was unfairly dismissed.
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.
A model letter to confirm to affected employees the details of the forthcoming election of employee representatives in a collective redundancy situation.
Use this model form to comply with the obligation to provide advance notification to the Secretary of State for Business, Energy and Industrial Strategy (BEIS) of a proposal to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less.
A model letter to inform affected employees about a proposal to change contract terms where the change affects 20 or more employees. This letter can also be used to start the process for electing employee representatives for the purposes of collective consultation, where there are no appropriate existing representatives.
A model letter to notify appropriate representatives of a proposed change to employees' contracts of employment, where the change affects 20 or more employees.
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