A decision issued by the Employment Appeal Tribunal yesterday declared that Alec McFadden, a Unite union member and representative was unlawfully disciplined by his union. The original disciplinary proceedings gathered some media coverage in the Liverpool Echo. A trade union has the right to discipline its members if a member breaches a rule of the … Continue reading Unite improperly pursued disciplinary against union member
I have been tempted in the past to establish a 'hall of shame' feature on the blog to highlight the depths some employers will go in their treatment of employees based on public decisions of their conduct in caselaw. If I were ever to do so Base Childrenswear Ltd would surely stake a claim for … Continue reading Lying employer shifts burden of proof in discrimination claim.
At midday today the ballot of union members for PCS Union's General Secretary election closed. I am pleased to say that votes have now been counted and the results have been published with the declaration that Mark Serwotka, the incumbent, has been re-elected as the union's General Secretary for a five year term. With the … Continue reading PCS members re-elect Mark Serwotka as General Secretary
The Central London Employment Tribunal have recently found in Sethi v Elements Personnel Service Ltd that a recruitment agency indirectly discriminated against Mr Sethi for reasons related to his religion. Mr Sethi is an adherent of the Sikh faith. Reading the judgment it is abundantly clear why that decision was made, it is one of … Continue reading Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works
Workers in the Whirpool factory in Bristol have just secured a 13.75% payrise as the company gave into demands from Unite union in advance of a planned strike on 12 December. Prior to the threat of strike action Whirlpool had only been willing to offer a 1.25% raise for workers who were already low paid. … Continue reading Whirlpool workers secure 13.75% pay rise after threat of strike action
The Supreme Court's long awaited decision in Jhuti has now been delivered which is one all employee reps would do well to be aware of. The legal issue which the judgement addresses was surveyed a few weeks ago in which I expressed hope that the Court of Appeal's decision in Orr would be overruled. To recap, under … Continue reading The mind of the decider (2): The effect of Jhuti
If the Fixed Term Worker Directive, the EU law that provides for employment protection for fixed term workers, is to be believed "contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." I have to say I have some scepticism of that statement and … Continue reading Fixed term employee dismissals
Over 50 employment Law specialists in the UK have written a open letter on the Labour Party's employment law plans, which offer the most comprehensive extension of employment protections for workers in living memory, to be "a credible plan of action." The full text of the letter, published on 6 December 2019, reads: "Britain’s labour … Continue reading UK academics declare Labour’s employment law reforms offer “a credible plan of action.”
In February I made reference to the unfortunate decision of the Court of Appeal in Royal Mail Group Ltd v Efobi  IRLR 352 to overturn the Employment Appeal Tribunal's earlier interpretation of section 136 of the Equality Act 2010 that made it easier decision to establish that the burden of proof at which a … Continue reading The return of Efobi? The burden of proof in discrimination claims.
Earlier this year PCS successfully concluded a protracted indirect discrimination legal claim on behalf of members. That claim, which that went all the way to the Supreme Court, resulted in more than £1 million compensation being awarded to members within the department who alleged they had been discriminated against. It has just been announced that … Continue reading PCS union launches legal action against Home Office over check-off removal
This is Godwin, he is a cleaner at St Mary's hospital employed by Sodhexo. Godwin, along with fellow UVW Union members has been on strike seeking insourcing of contracts. In flagrant breach of employment protections for striking employees Sodexo sacked him as soon as he returned to work. Sodexo claimed he was on a zero … Continue reading UVW secure reinstatement of striking worker
Section 94 of the Employment Rights Act 1996, if read in isolation, gives a very valuable right to all employees - the right not to be unfairly dismissed. However, by a series of qualifications what sounds a universal right is in fact only of benefit to a smaller percentage of employees. The Labour Party Manifesto … Continue reading On Labour Manifesto Commitments and Hash Brown Related Dismissals