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- Type:
- Employment law cases
In Mercer v Alternative Future Group Ltd and another, the Court of Appeal held that legislation that provides protection against detriment for trade union activities cannot be interpreted to cover detriment for participation in industrial action.
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- Date:
- 8 December 2021
- Type:
- Commentary and insights
Despite the coronavirus pandemic, HR professionals have had their fair share of employment law rulings to keep track of in 2021. We count down the 10 most important judgments of the year that every employer should know about.
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- Type:
- Employment law cases
In Kostal UK Ltd v Dunkley and others, the Supreme Court restored the tribunal's decision and held that the employer had offered unlawful inducements when it made two pay offers directly to Unite members while the collective bargaining process was still continuing.
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- Type:
- Employment law cases
In Cadent Gas Ltd v Singh, the Employment Appeal Tribunal held that an employee was unfairly dismissed due to his trade union activities and that his manager's hostility towards him could be attributed to the employer.
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- Type:
- Employment law cases
In Kostal UK Ltd v Dunkley and others, the Court of Appeal held that the employer had not made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union.
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- Type:
- Employment law cases
In R (on the application of the Independent Workers Union of Great Britain) v the Central Arbitration Committee and another, the High Court held that Deliveroo riders are not workers and therefore are not automatically entitled to a collective bargaining arrangement.
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- Type:
- Employment law cases
In Morris v Metrolink RATP DEV Ltd, the Court of Appeal held that a trade union representative who retained confidential information related to a restructuring exercise was unfairly dismissed.
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- Date:
- 21 June 2018
- Type:
- Commentary and insights
Consultant editor Darren Newman looks at a recent case in which the Court of Appeal had to consider if, in sharing information from a manager's desk diary, a trade union rep had acted outside the scope of trade union activities for the purposes of the automatically unfair dismissal protection afforded by s.152 of the Trade Union and Labour Relations (Consolidation) Act 1992.
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- Type:
- Employment law cases
In Unite the Union v Nailard, the Court of Appeal held that the union was liable for the acts of its lay officials because they were acting as its agents, but that the union was not liable for failures by its employed union officials to prevent discrimination by third-party lay officials.
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- Type:
- Employment law cases
In Hartley and others v King Edward VI College [2017] IRLR 763 SC, the Supreme Court held that, when deducting pay from employees' wages in respect of their participation in strike action on the relevant days, the appropriate daily rate of deduction was one-365th of the employees' annual salary, rather than one-260th as had been applied by the employer.