Individual rights arising from union membership

Precedents

Letter—from employer placing employee on garden leave

[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...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Practice notes

Union advice and representation

Membership of a trade union gives an individual worker access to advice and other assistance from the union in a number of work-related...

14th Apr

Practice notes

Trade union blacklisting

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers 9th Apr

Practice notes

Union subscriptions

AuthorisationMany employers enter into arrangements with one or more trade unions for the deduction by the employer of union subscriptions from the...

9th Apr

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

7th Apr

Practice notes

Rights relating to activities involving unions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

31st Mar

Practice notes

Employment rights and trade unions

An employee or prospective employee has a number of rights relating to his employment that arise as a result of his union membership status. These...

30th Mar

Practice notes

Exclusion or expulsion from trade unions

An individual has a statutory right not to be excluded or expelled from a trade union, save in certain specified circumstances. There is also a more...

30th Mar

Practice notes

Discipline by trade unions

A union member has a statutory right not to be unjustifiably disciplined by his union. This is in addition to the common law right arising from his...

30th Mar

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 union. OR I am a member of [insert name of trade union]. OR On [insert date],...

5th Dec

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 denied] that the Claimant was dismissed for the reasons stated or alleged in the claim.2...

5th Dec

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 in a variety of different areas of employment law, in particular the various protections against being subjected to a...

5th Dec

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 is more than one act of discipline by the union, extending over a period?

A member of a trade union has a number of remedies at their disposal if they are aggrieved that they have been disciplined or expelled by their...

5th Dec

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 important rights upon an independent trade union once it has been recognised. Most of these are conferred whether the union’s...

5th Dec

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