Labour Law Highlights 2015 by Rebecca Tuck, Stuart Brittenden, Betsan Criddle & Claire Bowsher-Murray
8364 Labour Law Highlights 15.indd 1
20/11/2015 11:56
Rebecca Tuck is a barrister at Old Square Chamber specialising in employment law. She is a fee paid employment judge, co-author of Employment Tribunal Procedures (LAG) and a contributor to Harvey on Industrial Relations and Employment Law. Her practice encompasses all areas of employment law with particular interest in discrimination and equal pay cases. Stuart Brittenden is a barrister at Old Square Chambers specialising in both individual and collective employment law. Stuart has lectured in labour law at the LSE and contributes to various publications including Tolley’s Employment Law and Munkman on Employer’s Liability. Betsan Criddle is a barrister at Old Square Chambers specialising in employment and discrimination law. Her particular areas of expertise are disputes involving doctors, whistleblowing and pregnancy and maternity discrimination. She is co-author of Employment Tribunal Procedures (LAG) and a contributor on employment tribunal procedures to Employment Precedents and Company Policy Documents (Sweet and Maxwell).
ISBN 978-1-906703-30-1 November 2015 published by the Institute of Employment Rights 4th Floor, Jack Jones House, 1 Islington, Liverpool, L3 8EG e-mail office@ier.org.uk www.ier.org.uk Design and layout by Upstream (TU) www.upstream.coop
Claire Bowsher-Murray is a barrister at Old Square Chambers specialising in employment law with a particular emphasis on sex, race, and disability discrimination as well as whistleblowing. She also handles workplace-related personal injury claims. This publication, like all publications of the Institute, represents not the collective views of the Institute but only the views of the authors. The responsibility of the Institute is limited to approving its publications as worthy of consideration within the labour movement.
Printed by The Russell Press (www. russellpress.com) £8 for trade unions and students £30 others
8364 Labour Law Highlights 15.indd 2
20/11/2015 11:56
labour law highlights 2015
Resisting ‘Union-Busting’ and ‘Strike-Breaking’ in the BA Dispute
by Rebecca Tuck, Stuart Brittenden, Betsan Criddle & Claire Bowsher-Murray
i
8364 Labour Law Highlights 15.indd 1
20/11/2015 11:56
contents
introduction
1
the trade union bill
2
regulating strikes
2
ballot requirements
2
notice requirements and rolling mandates
3
ballot contents
3
‘shelf-life’ of ballots
4
peaceful picketing
4
agency workers
5
labour law highlights 2015
regulating trade unions
5
public sector facility time
5
check-off
5
industrial action
6
trade union recognition
6
trade union activities
8
pay and other terms and conditions
9
pay holiday pay negligence / health and safety part time workers
9 11 14 15
ii
8364 Labour Law Highlights 15.indd 2
20/11/2015 11:56
employment rights whistleblowing TUPE unfair dismissal redundancy
equality protected characteristics prohibited treatment reasonable adjustments
15 16 17
18 18 19 23 25
26 26 26 28
justification
28
maternity and paternity rights
29
compensation
31
human rights
31
employment tribunal procedures
34
endnotes
40
labour law highlights 2015
fixed term workers agency workers working time
iii
8364 Labour Law Highlights 15.indd 3
20/11/2015 11:56
This year’s Labour Law Highlights is the first to be produced since the election of a majority Conservative Government and provides a timely summary of the government’s priority labour law policy areas. No surprise then that it starts with an overview and critical analysis of the Trade Union Bill, including its restrictions on the right to strike and proposals to remove long established check-off and facility time arrangements. The authors also consider the Conservative’s pledge to repeal the Human Rights Act and their determination not to repeal the tribunal fees system, despite the drastic fall in the number of workers able to pursue a complaint against their employer. As the authors say, the outlook in 2016 for those advising workers on their legal rights is challenging, both in relation to the ability to pursue collective disputes and the ability to enforce individual rights through the tribunal system. What will continue however, are workplace issues which require resolution. To assist, the authors take readers through what they assess to be the most important cases of the previous year including cases relating to pay, health and safety, whistleblowing, TUPE, unfair dismissal equality issues and much more. This accessible booklet is an essential addition to every trade unionists library.
£8 for trade unions and students £30 others
8364 Labour Law Highlights 15.indd 42
20/11/2015 11:56