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Managing Trade Unions in the Digital Age: 2018 and onwards
29 May 2018Technology continues rapidly to change where and how we work. It poses challenges for both employers and unions, and increasingly calls into question the effectiveness of our employment laws.
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Dealing and negotiating with trade unions during Covid-19
08 October 2020We are pleased to announce our autumn/winter series of free webinars. This programme is aimed mainly at HR managers and those with equivalent experience of dealing with workplace employment issues – but we’d be delighted to welcome you whatever your background or grounding in employment law.
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Collective consultation: from TUPE to trade unions
18 October 2023Collective consultation comes in different guises. Whether you’re dealing with a TUPE transfer, mass redundancies (including fire and rehire) or trade unions, you need to know a thing or two about employee representatives.
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Amazon faces surveillance scrutiny from EU unions - Benjamin Favaro comments for the International Employment Lawyer
08 May 2024A confederation of trade unions from 11 different EU countries have called on Europe’s data protection watchdogs to investigate Amazon’s surveillance practices.
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Union reforms will provoke backlash
23 July 2015Colin Leckey has been quoted in an article by The Times which examines the Trade Union Bill published last week - highlighting the significant changes to the law on strike ballots, staffing, and picketing.
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Sean Dempsey comments for HR Magazine - The state of the union: The future of IR
13 February 2017Employment law Partner, Sean Dempsey has commented in an article for HR Magazine which discusses the following question: are trade unions really representing modern workers or do they need to change with the times?
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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.