ACAS Code of Practice after Toal v GB Oils

In 2013 the Employment Appeal Tribunal delivered its important judgement on trade union rights in Toal v GB Oils. The case was in the interpretation of the right of a worker to be accompanied at a disciplinary or grievance meeting by a trade union representative of their choosing. Section 10(2) of the Employment Relations Act … Continue reading ACAS Code of Practice after Toal v GB Oils

Civil Service Recruitment and Agency Worker Regulations

I have just been made aware of an interesting first tier tribunal decision that is becoming more and more of an issue for union members who are agency workers on long term contracts. Paragraph 13 of the Agency Worker Regulations 2010 states that 13.—(1) An agency worker has during an assignment the right to be … Continue reading Civil Service Recruitment and Agency Worker Regulations

Brito-Babapulle, Mark II

Back in 2013 the EAT issued the the important decision in Brito-babapulle v Ealing Hospital NHS Trust [2013] UKEAT 0358_12_1406 which that found that the Employment Tribunal's finding that "[o]nce gross misconduct is found, dismissal must always fall within the range of reasonable responses" was an error of law. Specifically, "the Tribunal misdirected itself as … Continue reading Brito-Babapulle, Mark II

Academics call on Civil Service to adopt a more constructive approach to industrial relations

Professor Gregor Gall has joined 32 other academics in criticizing the Civil Service's approach to industrial relations in a letter to The Independent last Friday: As scholars of industrial and employment relations, we condemn the unilateral action by the Coalition Government to remove the “check off” arrangements from the Public and Commercial Services (PCS) union. … Continue reading Academics call on Civil Service to adopt a more constructive approach to industrial relations

Dismissal and Culpability

The central case dealing with the fairness of conduct dismissals is undoubtedly British Home Stores Ltd v Burchell [1978] UKEAT 108_78_2007. It was this case that is the source of the "Burchell Test", here it is in the judgement itself: What the tribunal has to decide every time is, broadly expressed, whether the employer who … Continue reading Dismissal and Culpability

PCS/Unite merger still alive, allegedly

Labour Uncut is reporting that the Unite/PCS merger is still a distinct possibility, and expects the NEC to put forward a motion to this year's ADC. Here's a snippet of the article: PCS has been wracked by well documented financial problems. The sale of the union HQ, which was agreed at the union’s national executive … Continue reading PCS/Unite merger still alive, allegedly

Why trade union elections are expensive

The reason the PCS Union NEC cancelled suspended elections this year is because of the financial cost. The figure given is that the cost to the Union is £590,000, it is not known how much of that comprises the cost of the NEC elections. Let us say however, that it is £300,000 (half the total). … Continue reading Why trade union elections are expensive

PCS Elections: Round Up

UPDATE - 07 Feb Since the last post the following articles have been posted: Howie Fuller (the now ex-PCS member) writes about the leak of the NEC memo. Rob Williams writes on the Socialist Party's website that PCS had "no option but to implement emergency measures to ensure the ongoing viability of the union." Worker's … Continue reading PCS Elections: Round Up