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Trade unions and trade union recognition

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  • Date:
    3 January 2008
    Type:
    Employment law cases

    Laval Un Partneri Ltd v Svenska Byggnadsarbetareförbundet

    The European Court of Justice (ECJ) has held that industrial action by a trade union in Sweden to prevent a Latvian company from paying low wages to workers posted from Latvia could not be justified.

  • Date:
    12 December 2007
    Type:
    Employment law cases

    Cooper and others v Isle of Wight College

    The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.

  • Date:
    17 October 2007
    Type:
    Employment law cases

    Félix Palacios de la Villa v Cortefiel Servicios SA

    In FĂ©lix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.

  • Date:
    30 May 2007
    Type:
    Employment law cases

    Human rights: Union did not act unlawfully in expelling BNP member

    In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361, a case of competing rights of association under art. 11 of the European Convention on Human Rights, a trade union's right to expel a member of the BNP because his values conflicted fundamentally with its own outweighed the individual's right to membership of the union.

  • Date:
    20 March 2007
    Type:
    Employment law cases

    Bull and another v Nottinghamshire and City of Nottingham Fire and Rescue Authority; Lincolnshire County Council v Fire Brigades Union and others

    In Bull and another v Nottinghamshire and City of Nottingham Fire and Rescue Authority; Lincolnshire County Council v Fire Brigades Union and others [2007] All ER (D) 372 (Feb) CA, the Court of Appeal has held that it is not part of fire-fighters' normal contractual duties under a collective agreement to go to accidents and emergencies that would normally be dealt with by ambulance crews.

  • Date:
    12 August 2005
    Type:
    Employment law cases

    Trade unions: CAC has jurisdiction to order re-run of ballot

    In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.

  • Date:
    13 May 2005
    Type:
    Employment law cases

    Trade unions: Compensation where no loss suffered

    In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.

  • Type:
    FAQs

    Can an employee be dismissed for taking lawful industrial action?

  • Date:
    11 February 2005
    Type:
    Employment law cases

    Contracts of employment: 'No compulsory redundancy' agreement merely aspirational

    In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.

  • Date:
    31 December 2004
    Type:
    Employment law cases

    Griffiths and another v Salisbury District Council

    In Griffiths and another v Salisbury District Council [2004] All ER (D) 104 (Feb) CA, the Court of Appeal held that the Implementation Agreement reached as part of the establishment of the new national agreement setting up the National Joint Council for Local Government Services formed part of the contracts of employment of the council's employees. The results of a regrading exercise that was carried out in accordance with the provisions of the Implementation Agreement were therefore incorporated into the employees' contracts of employment as legally binding terms.

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