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Trade unions and trade union recognition

New and updated

  • Date:
    7 August 2009
    Type:
    Employment law cases

    Age discrimination: Length-of-service criterion as part of redundancy selection matrix does not of itself amount to age discrimination

    In Rolls-Royce plc v Unite [2009] EWCA Civ 387 CA, the Court of Appeal held that a redundancy selection matrix set out in a 2003 collective agreement was not automatically rendered unlawful following the implementation of the age discrimination legislation in 2006.

  • Date:
    22 November 2008
    Type:
    Employment law cases

    Age discrimination: Length of service as part of redundancy selection matrix is lawful

    In Rolls-Royce v Unite [2008] EWHC 2420 HC, the High Court held that two collective agreements that set out an approach to redundancy giving points for length of service in the selection process were lawful under the age discrimination legislation.

  • Date:
    15 September 2008
    Type:
    Employment law cases

    Sex discrimination: Trade union indirectly discriminated against members

    In Allen and others v GMB [2008] IRLR 690, the Court of Appeal held that a trade union indirectly discriminated against a group of its members where its aim was to secure pay protection and future pay for employees, but its means of achieving this aim - persuading women with historic equal pay claims to settle them disadvantageously - were disproportionate.

  • Date:
    13 May 2008
    Type:
    Employment law cases

    ECJ: Court rules that public contractors cannot be obliged to pay collectively agreed wage rates

    In a controversial ruling issued in April 2008, the European Court of Justice (ECJ) found that public authorities cannot demand that companies that are awarded works contracts must pay wages to all workers (including workers posted from other countries) that are in line with rates set out in collective agreements applicable to the place of work.

  • Date:
    27 February 2008
    Type:
    Employment law cases

    TUPE case law update

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • 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 Félix 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.

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