As was widely publicised at the time of the rail strikes in late June 2022, the Government has now changed the law to allow businesses which are impacted by industrial action to fill the roles of striking staff with temporary workers. This has been achieved by removing the relevant provision in the Regulations governing the …
Businesses can now hire agency workers as cover during industrial action Read More »
In INEOS Infrastructure Grangemouth Ltd v Jones and ors the EAT upheld an employment tribunal’s decision that an employer’s imposition of a pay award amounted to an unlawful inducement under S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in circumstances where pay negotiations with the recognised trade union were at an …
Unilateral imposition of pay award was unlawful inducement Read More »
The High Court has granted an injunction preventing Tesco from using so-called ‘fire and re-hire’ to implement changes to terms and conditions for some of its workforce. Tesco recognises USDAW for collective bargaining purposes for staff below the grade of Team Manager at certain of its distribution sites. Between 2007 and 2009 Tesco implemented a …
USDAW union granted injunction against Tesco to prevent ‘fire and rehire’ Read More »
Employers who recognise a trade union for collective bargaining purposes should take note of last week’s Supreme Court decision in Kostal UK Ltd v Dunkley which will have to be considered where collective bargaining negotiations over pay awards or other contractual variations reach a stalemate. Background The Supreme Court’s decision is the final instalment in …
The Court of Appeal has handed down judgment in Kostal UK Ltd v Dunkley and others, a case concerning the scope of s.145B of TULR(C)A. In a decision which will be welcomed by employers who recognise a trade union, the Court of Appeal allowed Kostal’s appeal and overturned the decisions of the EAT and ET. …
The Central Arbitration Committee has rejected a novel claim that outsourced workers employed to provide ancillary services at a university should be entitled to bargain collectively with the university as their “de facto” employer. The Independent Workers Union of Great Britain (IWGB) sought statutory recognition against both Cordant Security and the University of London under …
CAC rejects novel collective bargaining application in respect of outsourced workers Read More »
In our Be Aware blog post of 28 February 2017 we reported on the employment tribunal decision in Dunkley v Kostal UK Limited, a case on s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their …
Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly impact on their ability to implement contract variations where union negotiations reach a stalemate. The s.145B conundrum This is due to a little-known section of the Trade Union and Labour Relations (Consolidation) …
The major provisions of the Trade Union Act 2016 will come into force on 1 March 2017. The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017 will bring into force the following provisions: The 50% turnout requirement for all industrial action ballots (section 2 of the 2016 Act which amends section 226 …
Trade Union Act 2016 major provisions coming into force 1 March Read More »
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