Court of Appeal Restricts Effectiveness of Trade Union Negotiation

In 2002 the European Court of Human Rights decided the case of Wilson v UK and found that UK trade union legislation was contrary the Article 11 of the  European Convention on Human Rights - in particular, at paragraph 48 of Wilson the ECHR found that by permitting employers to use financial incentives to induce … Continue reading Court of Appeal Restricts Effectiveness of Trade Union Negotiation

The Effective Date of Termination (Dismissal)

In order to make a valid unfair dismissal complaint an employee needs to begin the employment tribunal claims process (nearly always by starting the ACAS Early Conciliation process) within three months of their effective date of termination (EDT). Therefore, establishing what the EDT is among the primary duties of any union rep when advising whether … Continue reading The Effective Date of Termination (Dismissal)

The Right to Accompaniment and Unfair Dismissal

I have discussed the right of accompaniment on this blog before in the context of the worker's right under section 10 of the Employment Relations Act 1999. One component of that right is an explicit right that if a worker's chosen companion at a formal grievance of disciplinary meeting is unavailable then the worker can … Continue reading The Right to Accompaniment and Unfair Dismissal

Home Office in £1 Million Discrimination Payout

In 2017 the extremely important Supreme Court decision of Essop v Home Office was determined that clarified and to some extent, simplified indirect discrimination law for all UK workers. The issue in the case was it is alleged that the Home Office's internal staff promotion policy place workers over the age of 35 and workers … Continue reading Home Office in £1 Million Discrimination Payout

Unfair Dismissal because of Subject Access Request failure

The Data Protection Act 1998 allows any person to request a copy of the personal information an organisation holds on them, this includes a request from an employee to their employer. Making such a request is termed a 'subject access request'. Once an employer receives such a request they must - subject to a few … Continue reading Unfair Dismissal because of Subject Access Request failure