Talk:United Kingdom labour law

message: The following need updating:
*Immigration rights and free movement
*General shortening
;Legislation
*ERA 1996 s 44
*Trade Union (Wales) Act 2017 various rules from Trade Union Act 2016 were disapplied in Wales, including the provisions requiring 40 per cent of members of important public services to vote ‘yes’ in the ballot, when they are run by a devolved Welsh authority.’ 
*Employment Information Directive 2019 (EU) 2019/1152
*Collective Bargaining and Wage Directive COM/2020/682 final
*Platform Work Directive 2021/0414 (COD) 
;Scope, contract, minimum standards
*Uber BV v Aslam [2021] UKSC 5, worker and employee coverage
*Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8, on sleeping and minimum wage calculation
*King v The Sash Window Workshop Ltd C-214/16 was referred to the CJEU for a decision as to whether Mr King could claim payment in lieu for several years of annual leave. In this case, Mr King was a self-employed salesman, whom the Employment Tribunal later determined was actually a worker. As a worker, he would have been entitled to 5.6 weeks’ annual leave a year. Although he had taken some annual leave during his time as a ‘self-employed’ salesperson, it was unpaid, and he claimed that the unpaid nature of his leave was a deterrent to him taking leave. He was therefore claiming 13 years’ unpaid leave. The CJEU held that, where an employer denies a worker the right to paid annual leave, the worker can continue to accrue annual leave up until the point when the employer makes facility for that person to take paid annual leave and, if the employment is terminated, the worker is entitled to pay in lieu of notice. 
;Union rights
*Kostal UK Ltd v Dunkley [2021] UKSC 47 an employer wrote to employees, re-stating a pay offer the union had rejected and if it was not accepted by 18 December, no Christmas bonus would be paid (as was in the offer). In January 2016, it wrote to the employees saying non-acceptance could lead to dismissal. Employees claimed this was an unlawful inducement under TULRCA 1992 s 145B with a "prohibited result" that the workers' terms of employment "will not (or will no longer) be determined by collective agreement". Tribunal found it was unlawful. Court of Appeal, Singh LJ reversed, finding in employers' favour. Supreme Court held that an offer by employers to workers violated TULRCA 1992 s 145B if workers terms would not be set by collective agreement, or there was a real possibility. This should be assumed where there was an agreed collective bargaining procedure that was not complied with. Lady Arden and Lord Burrows, [126]-[129] would have gone further: an employer breached s 145B where (i) an offer, if accepted, would constitute contracting out of collective bargaining on that occasion so that the offer satisfied the "prohibited result" requirement; and (ii) the employer's main purpose was to achieve that result rather than having a genuine business purpose. On that interpretation, it did not necessarily follow that the employer escaped liability just because the collective bargaining process had been exhausted.
*Lidl Ltd v CAC [2017] EWCA Civ 328 decided that proposed bargaining unit was appropriate  
*Hartley v King Edward VI College [2017] UKSC 39 any wage deductions for strike action must be proportionate and in accordance with contract or collective agreement.
;Discrimination
*Stefanko v Doherty and Maritime Hotel Ltd [2019] IRLR 322 (EAT) failure to apply burden of proof and race discrimination
*Royal Mail Group Ltd v Efobi [2021] UKSC 33, Royal Mail employee made 30 job applications unsuccessfully, and claimed race discrimination, victimisation and harassment after not getting any. ET upheld claims of victimisation and harassment, and said the others did not disclose a prima facie case. He claimed this failed EA 2010 s 136, and the RM should have called decision-makers to give evidence, and ET should draw adverse inferences from this. UKSC said there is a burden on the claimant under EA 2010 s 136. Adverse inferences could be drawn from the fact the employer failed to call evidence from decision makers, and instead supplied others familiar with recruitment processes. 
*Asda Stores v Brierley [2021] UKSC 10, whether female retail workers should be paid the same as male distribution centre workers because they do work of equal value & there's not a material factor justifying the difference in terms relating to pay. 
*Dobson v North Cumbria NHS Foundation Trust [2021] IRLR 729 (EAT) Dobson claimed that NHS Trust's demand for "flexible" work at weekends amounted to indirect sex discrimination, because it disadvantaged her in her care for 3 children, two of whom were disabled. The Tribunal decided there was no particular disadvantage because other women could do it, and so could the only man in the team. Choudhury J, reversing the Tribunal, found that the Tribunal was wrong in comparing only people in the team, as the proper comparison would be all people who were required to work flexibly. It was uncontroversial that there was a disparity in child care burdens for women. Tribunals could and should take judicial notice of this matter, even if it is not pleaded. 
*Ali v Capita Customer Management Ltd [2019] EWCA Civ 900, [73] Court of Appeal rejects that there is sex discrimination in men being paid less for shared paternity leave than women who receive higher statutory maternity pay.
*Bessong v Penning Care NHS Foundation Trust [2019] IRLR 4 (EAT), third party harassment does not make an employer liable without discriminatory conduct by them in failure to take steps. EA 2010 ss 40A and 124A from Worker Protection (Amendment of Equality Act 2010) Act 2023 (reasonable steps to prevent sexual harassment, or 25% compensation uplift) reverses this.
;Job security
*Steer v Stormsure Ltd [2021] EWCA Civ 887 the CA has found that the lack of interim relief under the Equality Act is not discriminatory under the ECHR. There is no legislative reading in or declaration of incompatibility needed.
*Hammersmith and Fulham LBC v Keable [2021] EAT, Katherine Tucker J held that the Tribunal had not erred in ordering that reinstatement was a practicable remedy, after an unfair dismissal. He was politically active and described himself as an anti-Zionist. He was filmed saying he thought that Zionists collaborated with the Nazis, agreeing they were not welcome in Germany, it went on social media and the Labour council leader said this anti-semitism brought the Council into disrepute. He was suspended, investigated and dismissed. Tribunal held dismissal was unfair because the employee had no chance to respond to the interpretation of his comments. He could be reinstated because the employer was of large size and there was no evidence it had lost trust and confidence in the employee. 
;Useful, not pathbreaking
*National Union of Professional Foster Carers v Certification Officer [2021] EWCA Civ 548, the Certification Officer found that the foster carer union was not entitled to be listed as a trade union under TULRCA 1992 s 2 because it did consist "wholly or mainly of workers" under s 1, thinking that a "foster care agreement" with local authorities was not contractual. This violated ECHR article 11. Court of Appeal reversed the decision, and foster carers were entitled to unionised.
*Carillion Services Ltd v Benson [2021] EAT, Carillion Services Ltd, part of the 18,000 person multinational group, went into liquidation and dismissed Benson and others without consulting under TULRCA 1992 ss 188-189. The employer argued it was only clear on 14 January 2018 that liquidation would happen, after short term financing proved impossible. Tribunal rejected that this was a "special circumstance" and that the business was on a downward path since July 2017. Choudhury J in the EAT dismissed the employer's appeal, holding that employees should receive a protective award.
;Interesting, but not that important
*Robinson v HRH Al Qasimi [2021] EWCA Civ 862 Singh LJ upheld EAT decision that there was no illegality from the claimant, Robinson not paying tax from 2007 to 2014 when this was the sham tax arrangement that Sheikh Khalid Bin Saqr Al Qasimi, a deputy dictator in the United Arab Emirates. Any illegality did not affect Robinson's claim for unfair dismissal. Also Cumming v British Airways Plc [2021] IRLR 270, per Shanks J. 
*Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23, Underhill LJ approving the refusal of a claim that was 3 days late under the Equality Act 2010
*Burn v Alder Hey Childrens NHS Foundation Trust [2021] EWCA Civ 1791, [37] and [45]-[48] an implied duty to act fairly in disciplinary processes, on top of duties of mutual trust & confidence. Fails to acknowledge that this was already established in West London Mental Health NHS Trust (Respondent) v Chhabra [2013] UKSC 30.
*DPP Law v Greenberg [2021] EWCA Civ 672, a solicitor and brown envelopes, the CA held the EAT wrongly allowed an appeal from an appropriate and standard Burchell unfair dismissal decision. 
*Stuart Delivery Ltd v Augustine [2021] EWCA Civ 1514, a courier for a delivery company claimed unlawful wage deductions and working time rights. The Tribunal held he was a worker, not an independent contractor during the times he committed to fixed slots whereby he had to be available in a certain geographic zone for a stipulated period of time. He was obliged to perform that work personally, had no right of substitution, and therefore had worker status pursuant to the guidance in Pimlico Plumbers Ltd v Smith [2017] EWCA Civ 51. EAT and Lewis LJ in the Court of Appeal upheld.
*Sullivan v Bury Street Capital Ltd [2021] EWCA Civ 1694, an employee had a delusional disorder of being stalked by a Russian gang, and had two spells. This was not a long-term disability, or the employer did not have enough knowledge. Court of Appeal upheld Tribunal.
*Page v Lord Chancellor [2021] EWCA Civ 254, Underhill LJ, the Lord Chancellor and the Lord Chief Justice had not victimised a lay magistrate by removing him from office after he gave a BBC television interview in which he expressed his objection, as a Christian, to same-sex couples adopting children. He was not removed for the protected act of alleging that he had been discriminated against, but for publicly declaring that in cases involving adoption by same-sex couples he would proceed not on the basis of the law and the evidence but on the basis of his own beliefs. 
*Amdocs Systems Group Ltd v Langton [2021] EAT, an employee was not entitled, in a claim on insured benefits, to all costs as the employer ran a defence that had no reasonable prospect of success. 
*Opalkova v Aquire Care Ltd [2021] IRLR 921 (EAT), unlawful wage deductions, remitting claim to Tribunal on whether worker should be paid minimum wage for compulsory training
*Thompson v Informatica Software Ltd [2021] EAT, dismissal of a senior employee for breaching his employer's anti-corruption policy by authorising an expensive trip for a customer amounted to gross misconduct and was fair, even though the employee had not intended to make a corrupt payment or breach the policy. Wilful disregard of the policy could cause as much damage to the employer as a deliberate breach and dismissal was therefore within the range of reasonable responses. 
... more suggestions? Please just add them here! Wikidea 23:41, 21 December 2021 (UTC)
thread_title: Updates to end of 2021

message: *Strikes (Minimum Service Levels) Act 2023
*Protection from Redundancy (Pregnancy and Family Leave) Act 2023
*National Insurance Contributions (Reduction in Rates) Act 2023
*Employment (Allocation of Tips) Act 2023  — Preceding unsigned comment added by BarrySpinno (talk • contribs) 10:34, 7 January 2024 (UTC)
thread_title: 2023 updates