Union of Shop, Distributive and Allied Workers v Sketchley Ltd [1981] 5 WLUK 198

strike, collective bargaining, trade unions and industrial action

Union of Shop, Distributive and Allied Workers v Sketchley Ltd [1981] 5 WLUK 198 is an Employment Law case concerning Trade Unions and Industrial Action.

Facts: 

A trade union threatened a strike against an employer when it discovered the employer’s ‘damning program’. Despite this, the trade union agreed to cancel the strike if the employer provided the reasons for making the employees redundant. Nonetheless, the employer argued that the trade union did not have statutory recognition to apply for a protective award under s.101 of the Employment Protection Act 1975.

Issues: 

The key issues in Union of Shop, Distributive and Allied Workers v Sketchley Ltd: 

Did the trade union have statutory recognition? Also, was the trade union entitled to apply for a protective award?

Held:

No. The Employment Appeal Tribunal held that an agreement to consult is not an agreement to negotiate. Also, an agreement to consult does not amount to recognition for the purposes of collective bargaining. However, the case was remitted to the industrial tribunal for further investigation. 

References: [1981] 5 WLUK 198, [1981] I.C.R. 644, [1981] I.R.L.R. 291, [1981] C.L.Y. 903

Read our notes on Trade Unions and Industrial Action and other cases for more information. 

 

Transport and General Workers Union v Dyer [1976] 1 WLUK 236

Also known as Transport and General Workers Union v Dyer

discussions, trade union, industrial action

(Andrew) Transport and General Workers Union v Dyer [1976] 1 WLUK 236 is an Employment Law case concerning Trade Unions and Industrial Action. 

Facts:

The employer dismissed three employees by reason of redundancy. However, the trade union (TGWU) asserted that it should have been consulted by the employer. This was because the trade union was in discussions with the employer to reinstate one of the three employees for an earlier dispute. Furthermore, the company had once negotiated the settlement of a strike with the union. Nonetheless, the employer argued that this was not “recognition”. 

Issue: 

Were the discussions involving the earlier dispute of one of the three employees and settlement of a strike considered to be “recognition”? 

Held: 

The court held that the employer was under no duty to consult with the union. This was because the discussions and settlement of a strike did not constitute as recognition. However, the trade union appealed against this decision. Nonetheless, the Employment Appeal Tribunal held that the settlement of a strike with the trade union was not sufficient to constitute recognition. Therefore, the trade union’s claim failed. 

References: [1976] 1 WLUK 236, [1977] I.R.L.R. 93, (1976) 12 I.T.R. 113,[1977] C.L.Y. 1061

Read our notes on Trade Unions and Industrial Action and other cases for more information. 

Cleveland County Council v Springett [1985] 1 WLUK 92

no recognition, dismissed, trade union

Cleveland County Council v Springett [1985] 1 WLUK 92 is a Commercial Property Law case concerning Trade Unions and Industrial Action.

Facts: 

In Cleveland County Council v Springett, Springett was a member of the Association of Polytechnic Teachers (APT). APT was a trade union that unsuccessfully sought recognition from Cleveland County Council for several years. However, the Secretary of State had nominated the trade union to the Burnham Committee. Overall, the aim was for Springett and the other members APT to have paid time off to carry out their duties. 

Issue: 

However, was the application successful? 

Held:

The Industrial Tribunal granted the declaration. However, the Employment Appeal Tribunal allowed the Council’s appeal and dismissed Springett’s complaint. Therefore, it was held that the recognition by the Secretary of State could not amount to automatic recognition of the trade union.  

References: [1985] 1 WLUK 92, [1985] I.R.L.R. 131, [1985] C.L.Y. 3527

Read our notes on Trade Unions and Industrial Action and other cases for more information. 

National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd [1978] I.R.L.R. 504

recognise, trade union, employer, employees, association

National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd [1978] I.R.L.R. 504 is an Employment Law case concerning Trade Unions and Industrial Action. 

Facts:

The employer had ‘exploratory’ discussions with a view to recognising the trade union. Moreover, despite the employer’s association recognising the union, the employer himself had not actually recognised the union. As a result, the union asserted that the employer allegedly broke the collective agreement. However, the employer disagreed with the union’s claim.

Issue: 

However, the main issue in National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd was whether or not the employer ‘recognised’ the union.

Held:

Overall, the Employment Appeal Tribunal held that the employer had not recognised the trade union. Therefore, recognition by an employers’ association did not constitute ‘recognition’ by the company.

References: [1978] 7 WLUK 152, [1979] I.C.R. 84, [1978] I.R.L.R. 504, (1978) 122 S.J. 662, [1979] C.L.Y. 2713

National Union of Tailors & Garment Workers v Charles Ingram & Co Ltd [1978] 1 All E.R. 1271

trade union, agreement, recognition, meeting, discussions

National Union of Tailors & Garment Workers v Charles Ingram & Co Ltd [1978] 1 All E.R. 1271 is an Employment Law case concerning Trade Unions and Industrial Action.

Facts:

The employer and trade union negotiated over a long period of time. Moreover, the relations between the two sides was good, although nothing ‘dramatic’ happened. Subsequently, in notifying the Employment Department of its proposal to make the workers redundant, the company had stated that the Tailors’ Union was a recognised union. Nonetheless, there was no express agreement that evinced this. Therefore, the company claimed that there was no evidence to show that the trade union was recognised

Issue: 

Consequently, the key issue in National Union of Tailors & Garment Workers v Charles Ingram & Co Ltd was whether or not the trade union was ‘recognised’ by the company? 

Held:

Overall, the Employment Appeal Tribunal held that the trade union was recognised by the company despite there being no expressed agreement. 

References: [1978] 1 All E.R. 1271, [1977] 2 WLUK 159, [1977] I.C.R. 530, [1977] I.R.L.R. 147, (1977) 12 I.T.R. 285, [1977] C.L.Y. 3083

Read our notes on Trade Unions and Industrial Action and other cases for more information.