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RMT V Serco Ltd
''RMT v Serco Ltd'' and ''ASLEF v London & Birmingham Railway'' 011EWCA Civ 226is a joined UK labour law case, concerning the right to strike under the Trade Union and Labour Relations (Consolidation) Act 1992. Facts An injunction was granted against Associated Society of Locomotive Engineers and Firemen, ASLEF after the union included two members in a ballot who were not entitled to vote, 605 people altogether. In the ballot, 472 voted, and 410 were in favour of taking collective action. The employer argued that this violated TULRCA 1992 section 226A, which requires accuracy in who should vote. It also argued that the union did not provide accurate information in the notice of its intention to hold a strike ballot. The High Court held that the notice of the ballot was inaccurate because two extra members were included. Judgment Elias LJ held that the inclusion of the extra members was a trivial mistake, and excusable. It was necessary to read all the words of the statute, espe ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Trade Union And Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law contained in the Act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906. Underneath a mass of detail, four main principles can be found in the main parts of the Act. The Act's effect is to *define trade unions and state they are the subjects of legal rights and duties *protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment *provide a framework for a union to engage in collective bargaining for better workplace or business standards with employers *protect the right of workers in a union to take action, including strike action and industrial action short of a strike, to support and defend their interests, when reasonable notice is given, and when tha ...
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Associated Society Of Locomotive Engineers And Firemen
The Associated Society of Locomotive Engineers and Firemen (ASLEF) is a British trade union representing train drivers. It is part of the International Transport Workers' Federation and the European Transport Workers' Federation. At the end of 2018 ASLEF had 22,424 members. Its current General Secretary is Mick Whelan. History Foundation In 1865, North Eastern Railway footplatemen founded a union called the Engine Drivers' and Firemen's Society.Raynes, 1921, p. 22. It unsuccessfully attempted strike action, as a result of which the NER was able to break up the Society. In 1872, an industrial union, the Amalgamated Society of Railway Servants, was founded with the support of the Liberal MP Michael Bass. In 1872, the ASRS reported having 17,247 members, but by 1882, this had declined to only 6,321. By the end of the 1870s, many UK railway companies had increased the working week from 60 to 66 hours, a 12-hour working day was common and wages had been reduced.Raynes, 1921, ...
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TULRCA 1992
The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law contained in the Act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906. Underneath a mass of detail, four main principles can be found in the main parts of the Act. The Act's effect is to *define trade unions and state they are the subjects of legal rights and duties *protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment *provide a framework for a union to engage in collective bargaining for better workplace or business standards with employers *protect the right of workers in a union to take action, including strike action and industrial action short of a strike, to support and defend their interests, when reasonable notice is given, and when that ...
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Crofter Hand Woven Harris Tweed Co Ltd V Veitch
''Crofter Hand Woven Harris Tweed Co Ltd v Veitch'' 941UKHL 2is a landmark UK labour law case on the right to take part in collective bargaining. However, the actual decision which appears to allow secondary action may have been limited by developments from the 1980s. Lord Wright famously affirmed that: Facts In the Harris Tweed industry on the Isle of Lewis in the Outer Hebrides, several independent producers of tweed cloth were in a dispute with the Transport and General Workers' Union over working conditions. The TGWU called on dockers in Stornoway, also TGWU members, to refuse to handle the yarn imported to the island by the producers. Judgment The House of Lords held that there was no actionable conspiracy in this case. Lord Chancellor Simon said, Lord Thankerton said the following.942AC 435, 460 Lord Wright affirmed that the union had a right to take part in collective bargaining and more than that said, See also *UK labour law United Kingdom labour law r ...
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Morgan V Fry
''Morgan v Fry'' 9682 QB 710 is a UK labour law case, concerning the right to strike at common law. It is notable as Lord Denning MR said the following: Facts The Port of London Authority negotiated with a single union. Morgan, a lockman, was a member of a breakaway union. The first union threatened to strike unless the breakaway union members were dismissed, Fry arguing it was a genuine threat to industrial peace. He did not intend for anyone to be dismissed in particular. Morgan was dismissed because of the threat, and sued for intimidation and conspiracy. Judgment Lord Denning MR held that if proper notice, the length of time to terminate a contract, was given then a strike was lawful, and because the strike was lawful there was no tort of intimidation. The defendants’ honest belief they were acting in the interests of the union negatived any allegation of conspiracy. Lord Denning MR said the following.9682 QB 710, 724-5 Davies LJ, agreeing with Lord Denning MR, said ...
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Lord Denning MR
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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Terence Etherton
Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court from 2013 to 2016. Early life Etherton attended Holmewood House School and St Paul's School, and studied history and law at Corpus Christi College, Cambridge. He was a member of the British fencing team (sabre) from 1977 to 1980 and was selected to compete at the 1980 Summer Olympics in Moscow, but joined the boycott in protest against the 1979 Soviet invasion of Afghanistan. Legal career Etherton was called to the bar (Gray's Inn) in 1974 and became a Queen's Counsel in 1990. He was appointed a High Court judge on 11 January 2001 and assigned to the Chancery Division, receiving the customary knighthood. In August 2006, he was appointed Chairman of the Law Commission, the statutory independent body created by the Law Commissions Act 19 ...
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