In today’s working world, transparency is not a box to tick but a new and very real workforce reality. Evolving reporting requirements, intensifying stakeholder pressure (both internally and externally) and increasing recognition of what it means to be a responsible business are shaping how organizations disclose information about – and subsequently respond to – their workforce priorities.
In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce are greater than ever. We help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.
In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever. We’ll help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who will share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.
In an article published for Law360, Jon Tuck, Richard Cook, and Megan Clarkson Bowly discuss the implications of the Supreme Court’s decision in Mercer v. Alternative Futures Group, considering whether workers participating in industrial action are protected from action short of dismissal under the Trade Unions and Labour Relations (Consolidation) Act 1992.
The Supreme Court has ruled that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) which does not prevent employers from taking action short of dismissal in response to striking employees is incompatible with Article 11 of the European Convention of Human Rights (ECHR). Although the declaration of incompatibility does not affect the validity or operation of section 146, it will put pressure on the government to legislate to correct the position, and employers are likely to be mindful of the decision when considering action short of dismissal in response to industrial action. Detriments for participation in industrial action, such as removing discretionary benefits from those who take part, currently remain lawful, so long as the detriments in question aren’t so severe as to constitute a constructive dismissal.
A number of employment law changes will, or are expected to, come into force in April in the UK that employers should make note of. We have summarized them here for reference.
Following a public consultation last year, the UK government has now published a revised draft statutory Code of Practice on Dismissal and Re-engagement (also known as fire and rehire) for Parliament to approve.
From 6 April 2024, the current right of employees on maternity, adoption, and shared parental leave (“family leave”) to be offered suitable alternative employment in preference to other employees who are at risk of redundancy will be extended to cover pregnant employees, and those who have recently returned from such types of family leave.
Welcome to this edition of the “UK: Working with Unions” bulletin designed to keep you updated with key cases and legal developments affecting trade unions and employee representative bodies. This bulletin includes two decisions of the Court of Appeal: (i) on whether the Central Arbitration Committee has jurisdiction to hear complaints post Brexit where the European Works Council’s central management is situated in the UK, and (ii) on whether collective redundancies need a common rationale to constitute a transnational matter requiring consultation with the EWC. This bulletin also covers the successful judicial review challenge against regulations introduced in July 2022 to allow employment businesses to supply workers to cover the duties of those taking part in industrial action, and the Strikes (Minimum Service Levels) Act, which has recently received Royal Assent following much discussion and commentary.
In July 2022, the law changed to allow employment businesses to supply workers to cover the duties of those taking part in official industrial action. Previously, it had been a criminal offence to do so. Following a successful judicial review challenge brought by unions, that law has been quashed. It is once again a criminal offence to supply agency workers to cover the duties of workers on an official strike, or to supply agency workers to cover the duties of other workers reassigned to cover striking workers.