In an article published for ELA briefing, Jon Tuck and Richard Cook discuss the latest Employment Appeal Tribunal decision considering the unlawful inducement relating to collective bargaining under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992.

Following the government’s recent announcement, Parliament has approved the removal of the prohibition on businesses using temporary workers to cover staff taking part in industrial action and increased the maximum amount of damages that a court can award against a trade union for unlawful strike action. These changes became effective on 21 July 2022.

The government has announced that it is proposing to make changes to trade union law that will remove the current prohibition on businesses using temporary workers to cover staff taking part in industrial action. It has also announced that it plans to quadruple the maximum amount of damages that a court can award against a trade union for unlawful strike action from GBP 250,000 to GBP 1 million. These changes will need to be approved by Parliament.

The Employment Appeal Tribunal had upheld a decision of the employment tribunal that two companies within the same group had made unlawful inducements relating to collective bargaining under section 145B of the Trade Unions and Labour Relations (“Consolidation”) Act when it made direct offers of pay to its employees after it reached an impasse in negotiations with the recognised trade union. Although the tribunal’s decision pre-dated the Supreme Court’s decision in Kostal v. Dunkley, its findings were “presciently, so close in language to the test enunciated by the Supreme Court” that its conclusion was entirely consistent with the correct legal test as set out in Kostal.

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.

In a briefing published in PLC Magazine, Jon Tuck and Richard Cook discuss the implications of a recent injunction granted by the High Court to prevent an employer from dismissing and rehiring employees so as to remove an element of contractual pay from their contracts.

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.

In an article published for ELA briefing, Jon Tuck and Richard Cook discusses the implications of the Supreme Court’s long-awaited decision in Kostal v Dunkley determining the proper scope of section 145B of the Trade Unions and Labour Relations (Consolidation) Act 1992.

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.