‘The new Employment Rights Bill introduced by the UK government represents one of the most significant single items of employment legislation ever to be published, an expert has said.’
OUT-LAW.com, 10th October 2024
Source: www.pinsentmasons.com
‘The Government has today (6 August) announced it will repeal the Strikes Act 2023, claiming that the measures “unduly restrict workers’ rights” and “undermine good industrial relations”.’
Local Government Lawyer, 6th August 2024
Source: www.localgovernmentlawyer.co.uk
‘The first part of this blog outlined the facts and decision in the Supreme Court case, Secretary of State for Business and Trade v Mercer, as well as the approach the Court took in distinguishing between private sector and public sector employment. The second part of this blog considers the approach of the Supreme Court in distinguishing between the “core” and “essential” in respect of trade union rights. While the reasoning of the European Court of Human Rights (ECtHR) is sometimes a little opaque, these two terms are not interchangeable in RMT. The right to strike is not yet designated as an “essential” trade union freedom, though it is an integral prop to other “essential” rights such as the right to make representations and the right to bargain collectively. In RMT, the distinction between “core” and “accessory” is being used in a different sense, to emphasise gradations of importance within a specific right (“essential” or otherwise). In RMT, for example, the Court was drawing a distinction between primary strike action, which was “core” and deserving of stronger protection, and “secondary” strike action which was “accessory” and therefore amenable to a wider margin of appreciation. The situation in Mercer involved a primary strike, and hence applying RMT it was at the “core” of the right to strike. This conceptual distinction is therefore internal to the right to strike. It is very likely that the right to bargain collectively, essential in Article 11 terms, also has “core” and “accessory” elements to it.’
Oxford Human Right Hub, 10th May 2024
Source: ohrh.law.ox.ac.uk
‘Individual strikers are protected from dismissal where they are dismissed for participating in “protected” (i.e lawful and official) industrial action, under s. 238A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). However, there are many ways in which employers can penalise individual strikers other than through dismissal, such as through demotion, suspension, fines, disciplinary warnings, and disproportionate pay deductions. In Secretary of State for Business and Trade v Mercer, the Supreme Court considered if a worker proposing to strike was protected from “detriment” under TULRCA 1992, s. 146. This was because it concerned her participation in the “activities of an independent trade union”. The Supreme Court concluded that strike action was excluded from s.146, principally because it was not “at an appropriate time” [44]-[45]. This meant that there was no statutory protection for the claimant, Ms Mercer, who (on the assumed facts) had been suspended for activities connected to a lawful and official strike. The effect of this was to create a zone of impunity for employers engaged in the selective victimisation of individual strikers.’
Oxford Human Rights Hub, 10th May 2024
Source: ohrh.law.ox.ac.uk
‘Does domestic law protect workers who take part in lawful strike action from detriment short of dismissal?’
Guildhall Chambers, 24th April 2024
Source: www.guildhallchambers.co.uk
‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’
OUT-LAW.com, 17th April 2024
Source: www.pinsentmasons.com
‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’
Local Government Lawyer, 10th April 2024
Source: www.localgovernmentlawyer.co.uk
‘UK employers faced with industrial action need to understand the steps that a trade union must take before they can lawfully make a call for industrial action and the timing of those steps.’
OUT-LAW.com, 16th February 2024
Source: www.pinsentmasons.com
‘This briefing covers the rules governing trade unions, the rights of union members, collective bargaining, strikes and other industrial action”
House of Commons Library, 5th January 2024
Source: commonslibrary.parliament.uk
‘The Strikes (Minimum Service Levels) Act 2023 came into force on 20 July 2023 and gives the government powers to make regulations to set minimum service levels in specified sectors during strikes. This includes education. Joanne Moseley looks at the implications for the sector.’
Local Government Lawyer, 15th December 2023
Source: www.localgovernmentlawyer.co.uk
‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’
UKSC Blog, 5th December 2023
Source: ukscblog.com
‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’
The Guardian, 28th November 2023
Source: www.theguardian.com
‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’
Local Government Lawyer, 24th November 2023
Source: www.localgovernmentlawyer.co.uk
‘The Trades Union Congress has lodged a complaint with the UN’s labour standards body claiming the UK government flouted the watchdog’s orders over its newly enforced “undemocratic” anti-strike law.’
The Guardian, 10th September 2023
Source: www.theguardian.com
‘Businesses affected by strike action in Britain this year have an opportunity to help the government find a way to ensure services in six important areas impacting the economy continue to be delivered while such action is underway.’
OUT-LAW.com, 5th September 2023
Source: www.pinsentmasons.com
‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’
Law Society's Gazette, 6th September 2023
Source: www.lawgazette.co.uk
‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’
Cloisters, July 2023
Source: www.cloisters.com
‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
2023 c. 37 – Illegal Migration Act 2023
2023 c. 35 – Child Support (Enforcement) Act 2023
2023 c. 34 – Equipment Theft (Prevention) Act 2023
2023 c. 39 – Strikes (Minimum Service Levels) Act 2023
2023 c. 36 – Social Housing (Regulation) Act 2023
2023 c. 33 – Employment Relations (Flexible Working) Act 2023
Source: www.legislation.gov.uk
© Inner Temple Library 2024