Trade unions and trade union recognition

New and updated

• Date:

  31 December 2003

  Type:

  Employment law cases

  BECTU v City Screen Ltd

  In BECTU v City Screen Ltd (TUR1/309/2003) CAC, the Central Arbitration Committee accepted an application from the Broadcasting Entertainment Cinematograph and Theatre Union that the union should be recognised for the purposes of collective bargaining by City Screen Ltd for a defined bargaining unit.

• Date:

  19 September 2003

  Type:

  Employment law cases

  Transfer of undertakings: Transferee contractually obliged to pay nationally agreed public sector wage rises

  In Glendale Managed Services v Graham and others the Court of Appeal holds that a transferee employer of a local authority undertaking was under a contractual obligation to increase an employee's pay in accordance with nationally agreed rates.

• Date:

  30 December 2002

  Type:

  Employment law cases

  Contracts of employment: Clear evidence of custom and practice covers all contractual terms

  In Henry and others v London General Transport Services Ltd, the Court of Appeal holds that, whereas clear evidence is required that a custom and practice has been incorporated into individual contracts of employment by virtue of the collective bargaining between an employer and the recognised trade union, such a custom and practice, once established, can be expected to cover all contractual terms.

• Date:

  7 October 2002

  Type:

  Employment law cases

  Union recognition: Employee bound by agreement made with shop steward

  In Harris v Richard Lawson Autologistics Ltd, the Court of Appeal holds that a shop steward had apparent or ostensible authority to negotiate an agreement on holiday pay on behalf of TGWU members he represented, notwithstanding that, on the assumed facts of the case, the agreement was not put to the members, and was concluded in contravention of TGWU standing instructions.

• Date:

  22 July 2002

  Type:

  Employment law cases

  Trade union recognition: Union's proposed bargaining unit must receive first consideration

  In R v Central Arbitration Committee and another ex parte Kwik-Fit, the Court of Appeal holds that, in determining the "appropriate bargaining unit" for the purposes of statutory trade union recognition, the CAC must first consider the proposal put forward by the union and, if it finds this to be the appropriate bargaining unit, to go no further.

• Type:

  Employment law cases

  Case roundup: Unfair dismissal and redundancy

  This week's case roundup, covering unfair dismissal and redundancy procedures laid down in collective agreements.

• Type:

  FAQs

  Must an employer still pay the wages of an employee who has expressly refused to perform any work?

• Type:

  FAQs

  Does a period of absence on account of industrial action count as a break in continuity of service?

• Type:

  FAQs

  What happens to trade union recognition when a business is transferred under TUPE?

• Type:

  FAQs

  What is the significance of an employer recognising a trade union?