Employment law cases

Trade unions and trade union recognition categories

All items: Trade unions and trade union recognition

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

    Date:
    6 April 2011

    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.

  • Contracts: Agreement as to crew numbers not incorporated into contracts

    Date:
    6 April 2011

    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.

  • 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. 

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

    Date:
    1 June 2010

    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.

  • Case round-up

    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. 

  • TUPE: Transferee not bound by transferor's post-transfer pay agreement

    Date:
    13 April 2010

    In Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA, the Court of Appeal held that, where the transfer of an undertaking occurs, and the transferring employees' contracts contain a clause referring to a collective agreement between the transferor and the relevant union, the transferee is not obliged to recognise wage increases agreed by the transferor and the union after the transfer has occurred resulting from negotiations to which the transferee was not a party.

  • Case round-up

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.

  • 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.

About this category

Employment law cases: HR and legal information and guidance relating to trade unions and trade union recognition.