Unfair Dismissal and the Myth of Red Tape

The Lancashire Telegraph is running a story on the unfair dismissal ruling of a former employee of Moorlands School in Clitheroe, Lancashire. Along with two other members of school staff of Moorlands School, a private boarding school in Lancashire, the claimant was supervising a school trip at which a number of pupils got drunk. Depending … Continue reading Unfair Dismissal and the Myth of Red Tape

So far as may be Lawful

In a recent provocative article for The Guardian the Unite General Secretary Len McCluskey explains the background to a recent Rules change in the Union's constitution that could pave the way for a major showdown with the the next Government (if Conservative led) over its trade union legislation. It is worth posting in it's entirety, … Continue reading So far as may be Lawful

A Box Ticking Exercise

Rule 11(1) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 requires that "The Tribunal shall reject a claim if it is not accompanied by a Tribunal fee or a remission application." In other words, since the since the introduction of employment tribunal fees if a claim is made but that claim is … Continue reading A Box Ticking Exercise

The Obligatory Top Gear Employment Law Post

This week the fate of Top Gear's Jeremy Clarkson should be decided. The background facts do not appear to be contested (although no-one external can know for sure): Clarkson got into some type of fracas in a canteen with a more junior colleague and hit him. I have not seen the BBC's disciplinary policy but … Continue reading The Obligatory Top Gear Employment Law Post

Affirming Gross Misconduct

At the beginning of the month I posted What Will the Papers Say?, a piece on the High Court' s decision in¬†Williams v Leeds United Football Club [2015] EWHC 376 (QB). Briefly, the claimant, then a Director for Leeds Utd FC, had sent pornographic images using the football club's IT to three people: Dennis Wise, … Continue reading Affirming Gross Misconduct

Trade Unions and Fixed Term Workers

The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations are, undoubtedly, an important protection against unscrupulous employers.But a reading of the preamble to the Council Directive 1999/70/EC, the European Directive the UK regulations implement make clear that fixed term employment should not be seen as the norm. The parties to this agreement recognise that … Continue reading Trade Unions and Fixed Term Workers

Viral Voting and Union Barons

Whenever there is any critical comment on trade unions in the UK mainstream express two words will inexorably find their way into the headline: "Union" and "baron"; especially by titles such The Telegraph, Daily Express, Daily Mail and even the BBC. It is an unfair term designed to present unions as run by unaccountable leaders. … Continue reading Viral Voting and Union Barons

Trade Unions Should Learn from Francis Maude’s Attack on PCS Union

Unions in the Civil Service face a herculean task in needing to get each and every union member to effectively re-join their union following Francis Maude's pressure to withdraw the ability of union members to pay their subscriptions direct from their salary. The challenge is one other unions can learn from.¬† In his article for … Continue reading Trade Unions Should Learn from Francis Maude’s Attack on PCS Union

What Will the Papers Say? Employment Law, Disrepute and the ‘Beautiful Game’

In recent mainstream media reports there has been a focus on the appalling racist chants of a group of a group of Chelsea fans; this story has an employment focus as at least one Chelsea fan, finance worker Josh Parsons, has now been suspended from his work in the aftermath of the incident. Time will … Continue reading What Will the Papers Say? Employment Law, Disrepute and the ‘Beautiful Game’