Category: Collective Issues

General The right to collective bargaining is a recognised part of the right to join a trade union protected under the Human Rights Act. There is a statutory mechanism whereby trade unions may seek recognition from employers. Where it is recognised for collective bargaining either voluntarily or under the statutory provisions, further statutory rights and […]

General Industrial action may range from an all-out strike to more limited action such as a work-to-rule overtime ban. Industrial action in the absence of the legal immunities available to official industrial action may raise legal issues for employers and unions taking part. Employees may be in breach of their contract of employment unless they […]

Nature of Picketing Picketing normally involves the assembly of a group of workers at or near the employer’s business premises for the purpose of persuading others not to work. In the case of authorised industrial action organised by a trade union, certain immunities are available to the trade union and its members, which are in […]

Nature of Trade Unions The law on trade unions was consolidated in 1992 and has been amended a number of occasions since then. A trade union is an organisation (whether temporary or permanent) which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between […]

General Employee representatives may be a Trade Union representative or may be a spokesman under a more unofficial arrangement. In some situations, there are legal obligations to consult staff about developments in which case the consultation may be with the representatives or Trade Union. Representatives are normally elected by the employees they represent. There is […]

Nature The distinction between an employee and an independent contractor can be sometimes difficult to draw.   The following deals with genuine “contractors” who provide services on their own account and are not disguised employees.  Contractors provide services for a set fee and duration under a contract for services. The form and content of outsourcing contracts […]

TUPE Regulations Employees enjoy certain rights under European law, on the transfer of business. “TUPE”  refers  to the Transfers of Undertakings Protection of Employment Regulations which give effect to these rights in England and Wales. There are similar regulations in force in Ireland. The TUPE regulations apply where any business or economic activity is transferred […]