Individual rights arising from union membership

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Practice notes
Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...
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19th May
Precedents
[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...
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19th May
Practice notes
The early conciliation requirementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
Practice notes
Definition of redundancyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
No response, rejected response or claim not contested: employment tribunalsCoronavirus (COVID-19): All proceedings in employment tribunals in England,...
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19th May
Practice notes
Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...
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19th May
Practice notes
Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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19th May
Practice notes
Early judicial assessment of employment tribunal casesCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland...
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19th May
Practice notes
Calculators on Lexis®PSL EmploymentThis Practice Note explains and summarises the suite of calculators designed specifically to assist employment...
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19th May
Practice notes
Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
Practice notes
Dealing with stress and mental ill health in the workplaceThe Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to...
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19th May
Precedents
[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...
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19th May
Practice notes
Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 19th May
Practice notes
Contractual noticeIn general, employers are free to give notice of dismissal at any time, unless they have expressly or impliedly agreed not to in the...
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19th May
Precedents
[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...
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19th May

Most recent Individual rights arising from union membership content

Practice notes
Discipline by trade unionsA union member has a statutory right not to be unjustifiably disciplined by his union. This is in addition to the common law...
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28th Jun
Practice notes
Employment rights and trade unionsAn employee or prospective employee has a number of rights relating to his employment that arise as a result of his...
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25th Jun
Practice notes
Collective agreementsCollective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and...
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22nd Jun
Q&As
What is the legal test for detriment under section 146 of the Trade Union & Labour Relations (Consolidation) Act 1992?‘Detriment’ is a concept found...
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5th Jun
Q&As
What is the relevant date by which a trade union member has to bring a claim that they have been unjustifiably disciplined by their union, where there...
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5th Jun
Q&As
Is an employer required to permit an unrecognised trade union on to its premises to access its members and recruit new members?Statute confers several...
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5th Jun
Practice notes
Exclusion or expulsion from trade unionsAn individual has a statutory right not to be excluded or expelled from a trade union, save in certain...
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5th Jun
Practice notes
Rights relating to activities involving unionsA number of individual statutory rights may arise in specified circumstances relating to the activities...
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5th Jun
Practice notes
Union advice and representationMembership of a trade union gives an individual worker access to advice and other assistance from the union in a number...
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5th Jun
Practice notes
Union subscriptionsAuthorisationMany employers enter into arrangements with one or more trade unions for the deduction by the employer of union...
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5th Jun
Practice notes
Trade union blacklistingEmployers and employment agencies will typically wish to obtain references or undergo other vetting processes when deciding...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers 5th Jun
Precedents
ET1 grounds of unfair dismissal claim—trade union membership or activities[Insert in para 8.2 of claim form ET1:]1[I am not a member of any trade...
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5th Jun
Precedents
ET3 grounds for resisting unfair dismissal claim — trade union membership or activities[Insert in para 6.1 of response form ET3:]1It is [admitted OR...
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5th Jun

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