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Supreme Court throws out Deliveroo rider status challenge
21 November 2023The Supreme Court, upholding earlier decisions by the Central Arbitration Committee, High Court and Court of Appeal, finds that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law.
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European Works Councils continue to exist in a post-Brexit UK
05 September 2023In its first ever decision on European Works Councils, the Court of Appeal has confirmed that the EWCs of certain UK-based businesses continue to exist under UK law after the end of the Brexit transition period.
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Labour Party’s proposals to reform workplace rights – spotlight on trade union rights
26 July 2023As part of our series exploring the Labour Party’s proposed reforms to UK employment law, we consider its far-reaching proposals to expand trade union rights. If implemented by a future Labour government, these could profoundly impact industrial relations and the wider UK labour market.
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Strikes Bill on minimum service levels becomes law
25 July 2023The controversial Strikes (Minimum Service Levels) Act 2023 has been passed after the House of Commons rejected extensive amendments proposed by the House of Lords.
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Ban on use of agency workers during strikes to be reinstated following government defeat
20 July 2023The High Court has quashed the regulations introduced by the government last year to permit the use of agency workers during industrial action. What are the implications for employers?
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Employees had contractual rights to check-off arrangements but their union could not enforce them, rules Court of Appeal
31 May 2023The Court of Appeal has confirmed that government employees had contractual rights to check-off arrangements. The employees could still enforce those rights despite not actively protesting about the withdrawal of check-off for over five years. Their trade union, however, had no right to enforce check-off as a third party.
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Retained EU law bill: our proposals for employment law reform
15 March 2023The Retained EU Law (Revocation and Reform) Bill could have sweeping effects on UK employment law. With a hard deadline of 31 December 2023, quick decisions about reforms will be needed. We’ve drawn up a list of the EU-based employment laws we’d like to see changed.
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New Bill to mandate minimum service levels during public service strikes
12 January 2023Faced by entrenched pay disputes across the UK public sector and railway network, the government is proposing to expand and simplify its previously-announced reforms and introduce minimum service levels during strikes across a range of public services.
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What’s happening in employment law in 2023?
05 January 2023There’s lots happening in employment law all of a sudden. 2023 looks set to be a year in which major employment law changes are shaped and fleshed out. From the post-Brexit reform agenda to a series of private members’ bills, key caselaw decisions to other planned developments, there is much change on the horizon, and little time for us to get our heads around it. Here’s our annual round-up of what to expect.
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What's happening in employment law in Ireland in 2023
05 January 2023The whirlwind of workplace and employment law developments we saw in 2022 is set to continue with multiple proposals for reform in the pipeline, including requirements on employers to deal with flexible and remote work requests, the introduction of a national living wage and other reforms flowing from the EU. Here’s our annual round-up of what to expect.
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New regulations in Ireland on transparent and predictable working conditions
05 January 2023The European Union (Transparent and Predictable Working Conditions) Regulations 2022 became law on 16 December 2022 without much attention, notwithstanding that it includes some significant obligations on employers which require their immediate attention.
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What’s happening in employment law in Northern Ireland in 2023?
04 January 2023With the continuing lack of a functioning Executive and Assembly in Northern Ireland, employment law remains more or less in stalemate. That said, the active post-Brexit reform agenda impacts Northern Ireland and the decision in an important holiday pay case is expected. Here’s our annual round-up of what to expect.
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Industrial action
Inbrief
22 November 2022Economically turbulent times resulting from coronavirus have seen an increase in trade unions’ membership and an increase in them ‘flexing their muscles’ by threatening industrial action over adverse changes in the workplace for their members.
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When can a mistake not be corrected? Court of Appeal rules collective agreements are not capable of rectification
03 November 2022A recent Court of Appeal decision has confirmed that employers cannot seek rectification of mistakes in collective agreements. Where agreements with unions about terms and conditions have been wrongly recorded, employers will be limited to seeking to rectify relevant employees’ individual employment contracts in as far as they incorporate the mistaken terms.
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Bill to mandate minimum service levels during transport strikes published
25 October 2022Against a backdrop of prolonged national rail strikes, the government has proposed a complex new legal framework to ensure minimum service levels are maintained on transport services during industrial action.
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Cost-of-living crisis: frequently asked questions
04 October 2022As the cost-of-living crisis bites, a growing number of employers are facing demands for pay increases at best, and threats of strikes at worst. This article addresses some employment law implications arising from steps being taken to manage the situation.
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Train strikes: David Hopper interviewed on BBC’s Newsnight
19 August 2022Lewis Silkin’s Industrial Relations specialist David Hopper was interviewed by Newsnight in relation to the current train strikes.
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Court of Appeal overturns injunction restraining employer’s ‘fire and rehire’ exercise
18 July 2022The Court of Appeal has overturned an injunction preventing Tesco from “firing and rehiring” employees in order to remove their contractual entitlement to enhanced pay. Despite the facts of this case being unusual and extreme, the High Court had been wrong to conclude that Tesco could not adopt its proposed course of action.
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Unions’ financial liability increased and government moves to repeal agency worker ban
30 June 2022Against a backdrop of widespread industrial action, the government has quadrupled unions’ potential liability for calling unlawful strikes to £1,000,000. It has also published legislation to repeal the ban on agencies supplying workers to fill in for striking staff.
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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.