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Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed
15 November 2017The Central Arbitration Committee (“CAC”) has rejected an application from the Independent Workers’ Union of Great Britain (“IWGB”) for collective bargaining rights in respect of Deliveroo riders, in a case in which Lewis Silkin acted for Deliveroo.
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Lewis Silkin acted for Deliveroo in its successful defence of an application for trade union recognition by the IWGB union
16 November 2017The Independent Workers Union of Great Britain (IWGB) wanted Deliveroo to recognise it for collective bargaining purposes in respect of riders in Camden and Kentish Town. The application before the Central Arbitration Committee (CAC) was heard over four days in May and June 2017. The CAC held that Deliveroo riders were not “workers” for the purposes of employment law, but self-employed independent contractors, and therefore the application failed.
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Trade union’s Deliveroo judicial review challenge fails
05 December 2018The High Court (“HC”) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (“CAC”) that Deliveroo riders are not “workers”. The HC ruled that the riders are not in an “employment relationship” for the purposes of European law.
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Christmas postal strike prevented due to union’s interference with postal ballot
18 December 2019The Court of Appeal (“CA”) has upheld the High Court’s decision to grant an injunction preventing a Christmas strike by postal workers. The injunction followed interference by the Communication Workers Union (“CWU”) in the postal ballot process by strongly encouraging its members to intercept their ballot papers before they were delivered to their homes.
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Industrial action - summary judgment refused despite union’s ‘improbable’ defence
21 May 2020The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.
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Trade union blacklisting – decision on amendment of claims ‘manifestly’ incorrect
02 July 2020The rail operator GTR has succeeded in an appeal against employees being allowed to amend their Employment Tribunal claims to assert trade union blacklisting. The Employment Appeal Tribunal ruled that this was not merely a “re-labelling”, despite the original claims being conceptually and factually related.
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Suspended union activist’s application for injunction refused
27 January 2021The High Court has refused a trade union activist’s application for an interim injunction to end his suspension and stop a probation hearing from considering whether he should be dismissed for his views on his new employer’s business model and his previous union activities.
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Trade union’s ‘canny strategy’ met duty of care owed to its member
09 February 2021The High Court has dismissed a claim by a trade union’s former shop steward that it failed to meet its duty of care to him after he was suspended for misconduct. The union provided sound tactical advice in circumstances where his prospects of success against his employer in court were slim.
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Employees had contractual rights to check-off arrangements but their union could not enforce them, rules Court of Appeal
31 May 2023The Court of Appeal has confirmed that government employees had contractual rights to check-off arrangements. The employees could still enforce those rights despite not actively protesting about the withdrawal of check-off for over five years. Their trade union, however, had no right to enforce check-off as a third party.
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Fusions-Acquisitions au Royaume Uni : 1er trimestre 2018: quelles tendances ?
07 June 2018Dans un précédent article, nous avions regardé les statistiques des transactions concernant des sociétés britanniques en 2017.
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Could “unhappiness leave” take off in China? - Catherine Leung comments for The International Employment Lawyer
19 April 2024Catherine Leung comments for the International Employment Lawyer on what employers need to consider when implementing additional leave policies for its employees.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
27 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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'Owner-employee' plan poses unfair dismissal risk
10 October 2012Steven Lorber outlines his concerns about the Chancellor's proposal for a new type of employment contract in a letter to the Financial Times.
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Pre-transfer dismissal was by reason of transfer and automatically unfair
09 April 2019The Court of Appeal (“CA”) has upheld a decision that the dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer. The CA rejected the transferee employer’s contention that the reason for the dismissal was personal to the employee’s circumstances and so unrelated to the transfer.
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Compensation for unfair dismissals likely to increase: Linda Hynes comments for Irish Independent
17 March 2021Linda Hynes comments for the Irish Independent on the impact that Covid-19 is likely to have on higher compensation awards for workers who have been unfairly dismissed.
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Unfair dismissal: tribunal in UK awards over £1.5 million and orders re-engagement of UK employee in Hong Kong
23 March 2022In unfair dismissal claims, whilst orders for re-employment are rare, they can be very lucrative for claimants. In particular those who are high earners stand to benefit considerably as the maximum compensatory award for unfair dismissal (currently £89,493) does not apply which can lead to very large pay-outs as in the case of Jones v JP Morgan Securities plc.
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Unfair prejudice petitions - statutory limitation periods do apply
21 March 2024The Court of Appeal ("COA") has recently confirmed that statutory limitation periods under the Limitation Act 1980 ("LA 1980") do in fact apply to unfair prejudice petitions under the Companies Act 2006 ("CA 2006"), despite it having been understood for over 40 years that they did not.
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Schoolteacher’s dismissal for manifestation of gender critical beliefs was neither discriminatory nor unfair
02 May 2024A schoolteacher was fairly dismissed for the manifestation of gender critical views, including misgendering and deadnaming a student. His claims of discrimination based on his protected philosophical belief all failed.
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New Deal talking points: day one unfair dismissal rights, probationary periods and the Dutch experience
15 August 2024As employers wait for details on Labour’s plan for day one unfair dismissal rights, we explore what lessons can be learned from the Netherlands where similar rules already exist.
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How to divorce the EU, in three uneasy steps
05 May 2017The European Council published its official guidelines for Brexit negotiations on 29 April 2017. Lewis Silkin reported on EU Council President Donald Tusk’s circulation of negotiation guidelines to EU leaders at the end of March 2017, and the newly published guidelines are consistent with the earlier version.