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Industrial action

New and updated

  • Type:
    Employment law cases

    Industrial action: Deductions for strike days to be made at rate of one-365th of annual salary

    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.

  • Type:
    Employment law cases

    Industrial action: correct approach to deducting pay for teachers on strike

    The Supreme Court has held that the pay of teachers must be deducted at a daily rate of 1/365th of their annual salary, rather than 1/260th, for a one-day strike.

  • Type:
    Employment law cases

    UK law prohibiting secondary industrial action is lawful

    The European Court of Human Rights has held that UK laws that prohibit secondary or "sympathy" industrial action do not violate art.11 of the European Convention on Human Rights, which covers freedom of assembly and association.

  • Date:
    7 March 2011
    Type:
    Employment law cases

    Minor accidental infringements do not invalidate union ballots

    The Court of Appeal has overturned two High Court injunctions preventing trade unions ASLEF and the RMT from striking. 

  • Date:
    24 June 2010
    Type:
    Employment law cases

    Court of Appeal publishes full judgment overturning British Airways strike injunction

    The Court of Appeal has handed down its full judgment overturning an injunction preventing British Airways cabin crew from striking. 

  • Type:
    Employment law cases

    Case round-up

    Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.

  • Date:
    30 April 2010
    Type:
    Employment law cases

    Trade union's notice of continuous and discontinuous industrial action is sufficient

    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. 

  • Date:
    8 September 2009
    Type:
    Employment law cases

    Industrial action: Gate Gourmet employees were fairly dismissed

    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.

  • 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.