Managing relationships with trade unions during a “winter of discontent” - lessons from 2022 so far

As the country heads from a “summer of discontent” into a potentially even more painful winter, this session, held with the Brussels European Employee Relations Group, will deal with key lessons for employers from developments so far this year including:

• the practical implications to date of the Supreme Court’s decision in 2021 in Kostal on when an employer may make direct offers to members of a recognised trade union outside of its agreed framework for collective bargaining, including in light of the Employment Appeal Tribunal’s recent decision in Ineos;
• the Court of Appeal’s decision in Mercer on what steps an employer may take in response to its employees participating in industrial action;
• the Court of Appeal’s decision in Tesco on when an employer may implement a “fire and rehire” exercise to change its workforce’s terms and conditions;
• the increase in trade unions’ liability for calling unprotected industrial action and the repeal of the ban on agencies supplying workers to cover for workers on strike; and
• any proposals from the new Prime Minister on further restricting industrial action, as have already been trailed during the Conservative Party leadership campaign.