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Jonathan James Tuck

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Jonathan Tuck is a partner in the Baker McKenzie employment department. Jonathan joined the Firm in June 2012 and completed secondments at Google between March and July 2015 and British Airways between July 2015 and January 2016.

In an article published for ELA briefing, Jon Tuck and Richard Cook discuss the implications of the Court of Appeal’s decision in Mercer v Alternative Future Group, considering whether workers participating in protected industrial action are protected from action short of dismissal under the Trade Unions and Labour Relations (Consolidation) Act 1992.

The Court of Appeal has overturned the Employment Appeal Tribunal’s decision which had read down section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) to give workers who participate in industrial action protection from action short of dismissal. The court confirmed that the protections in TULRCA, as drafted, do not extend to preventing employers from taking such action in response to striking employees. This means that a decision to potentially remove discretionary benefits from employees participating in industrial action would no longer give rise to a standalone claim under TULRCA.

This series of ESG-focused thought leadership webinars will share insights and practical guidance for businesses considering what ESG means for them. Set out are details of our forthcoming demystifying ESG webinar series for 2022 including: regulations, executive pay, climate change, strategic initiatives and corporate responsibility.

Our quarterly “Working with Unions” bulletin is designed to keep employers updated with key cases and legal developments affecting trade unions and employee representative bodies. Our latest bulletin covers the period of April to June 2021 and includes an interesting Central Arbitration Committee decision considering the effect of Brexit on UK European Works Councils and a decision of the Employment Appeal Tribunal reading down section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 to give workers protection from detriment for taking industrial action.