Unison v Grants Veterinary Services Plc - union recognition and balloting

Other articles in Cases - Other:

• Unison v Grants Veterinary Services Plc - union recognition and balloting

  The existence of a JCC (Joint Council Committee) is not in itself a reason for the CAC to arrange for the holding of a ballot in the interest of good industrial relations when a trade union is applying for recognition for collective bargaining purposes.
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• Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA - financial sector: employee's bonus was not discretionary

  Where an employer purports unilaterally to change terms of an employee's contract the fact that the employee continues to work does not automatically mean that the employee has accepted that variation in the contract.  In this case a change making a formula based bonus into a discretionary bonus was invalid.

  
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• Williams v Lishman, Sidwell, Campbell & Price Ltd - limitation period in case of deliberate concealment

  For purposes of the Limitation Act 1980 s.32, where a loss which completes a claimant's cause of action is deliberately concealed by a defendant, it ceases to be a 'fact relevant to the plaintiff's right of action' head of loss after another loss which the defendant has not deliberately concealed.
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• Sorge v Poste Italiane SpA - Fixed-Term Working Directive does not preclude changes to national law if protection remains the same

  The Fixed-term Working Directive (1999/70/EC) (1) does not preclude detailed changes to national laws provided protection is not reduced, and (2) is not of "direct effect".
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• Geys v Societe Generale, London Branch - repudiatory breach - date notice takes effect - eyewatering banker bonuses

  for the effective date of termination (''edt'') of an employee's employment to be the date on which pay in lieu of notice is paid into the employee's bank account, the employee must be given clear and unambiguous notice that that is intended

  
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• Homer v West Yorkshire Police - disadvantage due to impending retirement may seem unfair, but it is not age discrimination

  Court of Appeal agrees with EAT: disadvantage to older staff (inability to reach highest pay band), which stems from a provision (the requirement to obtain a degree) applied to all staff, but which they are less likely to be able to meet due solely to their impending retirement, may seem unfair. However, it is not age discrimination. Were it otherwise any form of "universal" pay rise would arguably always be unlawful age discrimination as it would be of less benefit to older employees simply because they have less time left to be in employment. Subsequent note: On 28th July 2010 the Supreme Court gave Mr Homer leave to appeal to it against this Court of Appeal ruling.
  
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• North Cumbria Acute Hospitals NHS Trust v Potter & Ors, Court of Appeal, 22nd April 2010 - Equal Pay

  In the long running North Cumbria  NHS Trust case, the Court of Appeal has ruled that equal pay claims based on their original contracts were not out of time as the introduction of "Agenda for Change" did not mean the female claimants had started new contracts of employment.
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• Shoesmith, R (on the application of) v Ofsted & Ors - judicial review proceedings - fairness

  Baby Peter sacking was lawful, the High Court rules.
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• Zentralbetriebsrat der Landeskrankenhäuser Tirols v Land Tirol - holiday entitlement of workers moving from full to part time work

  Amongst other points the Court of Justice of the European Communities has ruled (1) that provisions in the EU framework agreements on fixed-term work and part-time work are unconditional and sufficiently precise for individuals to be able to rely upon them before a national court - in other words, are directly applicable; and (2) that a reduction of working hours when moving from full-time to part-time employment cannot reduce the right to annual leave that the worker has accumulated during the period of full time employment.

  
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