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Collective employee relations

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  • Date:
    1 September 2000
    Type:
    Employment law cases

    Scotch Premier Meat Ltd v Burns and others

    In Scotch Premier Meat Ltd v Burns and others [2000] IRLR 639 EAT, the EAT held that an employment tribunal had not erred in holding that the employers were "proposing to dismiss as redundant 20 or more employees" within the meaning of s.188 of the Trade Union and Labour Relations (Consolidation) Act, notwithstanding that, as an alternative option, they were considering selling the business as a going concern.

  • Date:
    1 December 1998
    Type:
    Employment law cases

    Industrial action: Dispute about employment with future employer not a "trade dispute"

    A dispute in relation to an employer's failure to agree with an unidentified future employer of some of its employees that both they and others subsequently employed by the new employer should be guaranteed their existing terms and conditions of employment was not a "trade dispute", holds the Court of Appeal in University College London Hospital NHS Trust v Unison.

  • Date:
    15 December 1996
    Type:
    Employment law cases

    Contracts of employment: No implied term in "annualised hours" contract

    In Christian Salvesen Food Services Ltd v Ali and others, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period.

  • Date:
    15 April 1996
    Type:
    Employment law cases

    Redundancy consultation: Definition of "establishment" under Collective Redundancies Directive

    An "establishment" for the purposes of the EC Collective Redundancies Directive means the unit to which the workers made redundant are assigned to carry out their duties, rules the ECJ in Rockfon A/S v Specialarbejderforbundet i Danmark.

  • Date:
    1 November 1995
    Type:
    Employment law cases

    Industrial action: Participation of new members does not invalidate strike ballot

    A trade union is not required to restrict its call for industrial action to those of its members who were members at the date of the ballot and who were given an opportunity to vote in it, holds the Court of Appeal in London Underground Ltd v National Union of Rail, Maritime and Transport Workers.

  • Date:
    1 September 1995
    Type:
    Employment law cases

    Contracts of employment: "Annualised hours" contract contained implied term on overtime pay

    In Ali and others v Christian Salvesen Food Services plc the EAT holds that a contract of employment, which provided that overtime payments would be made only when the employee had worked more than the annualised hours total of 1,824 hours in the working year, contained an implied term entitling the employee, whose employment terminated several months before the end of the working year, to overtime payments in certain circumstances.

  • Date:
    15 February 1993
    Type:
    Employment law cases

    Judicial review: Pit closures without use of review procedure were unlawful

    British Coal had a statutory obligation to use a review procedure agreed with the trade unions in relation to proposed pit closures, holds the High Court in R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others.

  • Date:
    1 November 1992
    Type:
    Employment law cases

    London Ambulance Service v Charlton and others

    In London Ambulance Service v Charlton and others [1992] IRLR 510 EAT, the EAT held that the Industrial Tribunal had not erred in law in holding that the respondent union officials had met the requirements for paid time off under the Employment Protection (Consolidation) Act, section 27(1)(a) in respect of their attendance at a meeting of a committee set up by the union to coordinate the activities of its district committees within the London Ambulance Service.

  • Date:
    29 November 1988
    Type:
    Employment law cases

    Industrial action: Mere presence of pickets can be inducement to breach contract

    In Union Traffic Ltd v Transport and General Workers' Union and others, the Court of Appeal holds that, in certain circumstances, the mere presence of pickets can constitute an inducement of those seeking to cross the picket line to break their contracts of employment and so be unlawful.

  • Date:
    4 August 1987
    Type:
    Employment law cases

    Transfer of undertakings: Consultation over business transfers

    In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.