WorkLife: Trade unions

Ballot paper test case: Thomas Cook Airlines Limited vs British Air Line Pilots’ Association

Ballot paper test case: Thomas Cook Airlines Limited vs British Air Line Pilots’ Association

As readers will be aware, an employer is prevented from (i) suing a trade union for inducing members to breach their contracts by striking and (ii) (to a more limited degree) from dismissing striking employees, provided the strike action has been called in accordance with strict conditions laid out within the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). Given the immunities provided within the Act, it is very important that the trade union does abide by these strict...

A Trade Union Victory

A Trade Union Victory

On Wednesday the Court of Appeal handed down an important judgment for trade unions. In the British Airline Pilots Association (BALPA) v Jet2.com hearing in November 2016, the issue for consideration before the Lord Justices was whether, or to what extent, Jet2.com is obliged to negotiate with BALPA about pilots’ rostering arrangements.

Trade Union Act

Trade Union Act

The Trade Union Bill received Royal Assent on 4 May, and is now the Trade Union Act 2016. The Act does not contain a commencement date; it will be brought into effect by statutory instrument. Not all the changes contained in the original Bill have survived. For example, a provision repealing the prohibition on the use of agency workers during strikes (or "strike breakers" to put it more emotively) is not in the Act, although it is possible it will feature in future legislation, but far from...

Should the 2011 decision of the Supreme Court that school staff are not entitled to legal representation in internal disciplinary hearings be revisited?

Should the 2011 decision of the Supreme Court that school staff are not entitled to legal representation in internal disciplinary hearings be revisited?

In 2010, the Court of Appeal considered this issue in the case of G, R (on the application of) v X School and others. G was a teaching assistant against whom an allegation was made that he had had sexual contact with a 15 year old boy. The CPS decided against a prosecution. However, governors at the School's ensuing disciplinary hearing, refused to permit him to be accompanied by a solicitor although they did recognise his right to be accompanied by a colleague or trade union representative.