‘A former consultant with a Midlands firm has failed to convince a tribunal that he was an employee for the purposes of making a claim.’
Law Society's Gazette, 18th November 2021
Source: www.lawgazette.co.uk
‘The Supreme Court has handed down judgment in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, an important decision for collective bargaining. It held that the employer (Kostal) was in breach of s. 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the “1992 Act”) by making offers of a change to the terms and conditions of employment directly to employees and bypassing the procedure for collective bargaining agreed with Unite the Union (“Unite”).’
Littleton Chambers, October 2021
Source: littletonchambers.com
‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’
Old Square Chambers, 27th October 2021
Source: oldsquare.co.uk
‘The Appellant and 56 others are all members of the trade union “Unite” and are employed by the Respondent. They began formal annual pay negotiations and the Respondent made a pay offer. Union members were balloted and rejected the offer. The Respondent then made the same offer to its employees directly, bypassing Unite, also saying that if no agreement was reached “this may lead to the company serving notice on your contract of employment”.’
UKSC Blog, 27th October 2021
Source: ukscblog.com
‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’
House of Commons Library , 7th October 2021
Source: commonslibrary.parliament.uk
‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’
Practical Law: Construction Blog, 22nd September 2021
‘Gig economy firms are facing calls to better protect their workers, as an MP and a trade union warn of a wave of harassment and physical and emotional abuse facing couriers and taxi drivers.’
The Independent, 19th September 2021
Source: www.theguardian.com
‘Police officers have launched legal action against the government over pensions as relations sour with ministers.’
The Independent, 14th September 2021
Source: www.independent.co.uk
‘As the UK eases back into in-person work environments, some employers are considering pay cuts for employees who elect to work remotely.’
Each Other, 25th August 2021
Source: eachother.org.uk
‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’
OUT-LAW.com, 6th August 2021
Source: www.pinsentmasons.com
‘Two white male creative directors at a top London advertising agency have won a sex discrimination claim after a female director vowed to “obliterate” its Mad Men reputation of being full of straight, white men.’
The Guardian, 23rd July 2021
Source: www.theguardian.com
‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’
OUT-LAW.com, 25th June 2021
Source: www.pinsentmasons.com
‘Since the start of the global COVID pandemic, many employees have experienced upheaval, uncertainty, and disruption within their jobs. Some employees have experienced worry about their own personal safety when they are present at their place of work. For others, being furloughed might have put their long-term career aspirations into doubt. With COVID restrictions now easing and the UK firmly following the roadmap out of lockdown, new questions are emerging about employee rights. However, it is important to remember that all employees still have significant rights during COVID.’
Oxford Human Rights Hub, 21st June 2021
Source: ohrh.law.ox.ac.uk
‘Widespread changes to the UK’s IR35 off-payroll working rules came into force on 6 April 2021, and despite a 12-month delay to implementation, detailed HM Revenue and Customs (HMRC) guidance and subsequent amendments to the legislation, areas of uncertainty remain.’
OUT-LAW.com, 21st June 2021
Source: www.pinsentmasons.com
‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’
Legal Futures, 9th June 2021
Source: www.legalfutures.co.uk
‘The government has announced the creation of a new workers’ watchdog to take over protecting the rights of UK workers.’
BBC News, 8th June 2021
Source: www.bbc.co.uk
‘Thousands of current and former Tesco workers have won a legal argument in their fight for equal pay.’
BBC News, 3rd June 2021
Source: www.bbc.co.uk
‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’
BBC News, 26th May 2021
Source: www.bbc.co.uk
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