Tribunal victory for Unite rep blacklisted by construction bosses ‘draws line in the sand’

Reposted from the Unite website: A Unite workplace rep, who was blacklisted by his employer Interserve Industrial Services because of his union activities while working at a power station at Runcorn, Cheshire, has won his employment tribunal (ET) case for unfair dismissal. Unite, the country’s largest union, hailed this as ‘a great victory which draws … Continue reading Tribunal victory for Unite rep blacklisted by construction bosses ‘draws line in the sand’

Disability and Disciplinary Dismissals

In recent weeks the Employment Appeal Tribunals judgement in Thomson v Imperial College Healthcare NHS Trust has been published. The key issue which has been attracting comment is the endorsement of the first tier tribunal's decision that a dismissal may be unfair because of the choice of the decision maker, even when there is no … Continue reading Disability and Disciplinary Dismissals

Cross Examining Witnesses in Disciplinary Hearings

In an Employment Tribunal hearing the cross examination of witnesses represents the majority of a disciplinary hearing. By contrast in a misconduct hearing of an employee the overwhelming majority of hearings will feature no cross examination of witnesses at all. As was set out in R (Bonhoeffer) v General Medical Council in certain circumstances the … Continue reading Cross Examining Witnesses in Disciplinary Hearings

“Conference will decide”

PCS - Democracy Deferred

The common diversion from any debate about the suspension of elections is that “Conference will decide” and so there’s no point getting tangled up in the matter until then. But with the Standing Orders Committee report now online that big debate is finally in sight.

But what immediately strikes you, reading the motions in the opening general debate of Conference, is that the debate has been reduced to a purely theoretical question. Motion A1 asks that we endorse the NEC decision, while motion A2 asks that we censure it. But both accept that the suspension has happened and elections won’t be back until 2016, while laying out near identical actions to take the union forward. The reinstatement of this year’s elections isn’t even on the table.

Sure, motions A4 to A6 all call for the reinstatement of elections this year, but they’re not part of the general debate and won’t…

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Tell Me the Reason Why

It is not often there is an appeal judgement of genuine assistance to employees, but the EAT's decision last year in Essop v Home Office is one such case in which my union, PCS, assisted the claimants in appealing. The background is that the Respondent had a Provision, Criterion or Practice that an employee wishing … Continue reading Tell Me the Reason Why

Is Diabetes Necessarily a Disability?

If a person has type 2 Diabetes are they necessarily disabled under the Equality Act 2010? This was the question considered by the Employment Appeals Tribunal in Metroline Travel Ltd v Stoute [2015] UKEAT 0302_14_2601. The claimant had type 2 diabetes but was not on medication for this but did control his condition by controlling … Continue reading Is Diabetes Necessarily a Disability?

Institutional Racism Lives On

If UKIP are to be believed there is no longer a problem with racism in UK society, let alone in employment. On that basis the 'we're not racist but ...' UKIP are keen on the scrapping of race discrimination laws that provide some (marginal) legal protections for minority groups in the UK. Over recent months … Continue reading Institutional Racism Lives On

Unite Union, Labour, and Zero Hour Contracts

It is certainly not a new tactic: when a politic party makes a proposal with which the other parties are not too enamored they adopt a guilt by association posture. And so it was last week, fresh from the Labour Party launching its Business manifesto cracking down on zero hour contracts, the Tory cheerleaders at … Continue reading Unite Union, Labour, and Zero Hour Contracts

Indirect Discrimination and Fixed Term Workers

A few weeks ago I made reference to the preamble of European Council Directive 1999/70/EC on fixed term appointments which states that the "parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." Likewise, the Civil Service Management … Continue reading Indirect Discrimination and Fixed Term Workers