Trade unions and trade union recognition

New and updated

• Type:

  FAQs

  When will a term agreed through a collective process be binding on individual employees?

• Date:

  6 April 2011

  Type:

  Employment law cases

  Age discrimination: Clause in collective agreement providing for automatic termination of contracts of employees who have attained the retirement age justified

  In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified.

• Date:

  6 April 2011

  Type:

  Employment law cases

  Contracts: Agreement as to crew numbers not incorporated into contracts

  In Malone and others v British Airways Plc [2011] IRLR 32 CA, the Court of Appeal held that the provisions of a collective agreement that purported to set "minimum" cabin crew numbers for different routes and types of aircraft were not incorporated into individual employees' contracts of employment. The provisions amounted to a collective undertaking to operate with minimum numbers so as to protect jobs and guard against excessive workloads, and were binding in honour only.

• Date:

  7 March 2011

  Type:

  Employment law cases

  Minor accidental infringements do not invalidate union ballots

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

• Type:

  Policies and procedures

  Trade union recognition procedure

  A model trade union recognition procedure for use when a trade union makes a request to the Central Arbitration Committee for compulsory recognition, which mirrors the statutory provisions on trade union recognition for the purpose of collective bargaining.

• Type:

  Policies and procedures

  Trade union derecognition procedure

  A model procedure when derecognising a trade union for collective bargaining purposes.

• Type:

  How to

  How to avoid a dispute escalating into industrial action

  Practical guidance on avoiding a dispute escalating into industrial action, including understanding when a strike or other action is lawful; negotiating with a trade union; mediation and arbitration; and obtaining an injunction.

• Date:

  24 June 2010

  Type:

  Employment law cases

  Court of Appeal publishes full judgment overturning British Airways strike injunction

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

• Date:

  1 June 2010

  Type:

  Employment law cases

  Contracts: Agreement on crew numbers not incorporated into employees' contracts

  In Malone and others v British Airways plc [2010] IRLR 431 HC, the High Court held that the provisions of a collective agreement purporting to set "minimum" cabin crew numbers for different routes and types of craft were not incorporated into individual employees' contracts of employment. In any event, an injunction would not be granted to restrain the employer from reducing cabin crew numbers below the levels specified, and, even if there had been a breach of contract, any award for damages would be for a nominal amount only.

• Date:

  1 June 2010

  Type:

  Employment law cases

  Case round-up

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