[co-author: Luisa Luttgen]
In this issue, we examine the latest employment law developments, news and insights from the U.K., including a Supreme Court decision on when pay offers to union members outside the collective bargaining process are unlawful, a government consultation on making the right to request flexible working arrangements a day one entitlement, the continuing debate on the status of workers in the gig economy and executive compensation guidance for the 2022 voting season.
The Supreme Court ordered in Kostal UK Ltd v Dunkley & Ors that an employer’s pay offer directly to members of a recognized trade union when its usual collective bargaining process had stalled (but had not been exhausted) amounted to an unlawful inducement in breach of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), entitling the employees to reject the offer and claim compensation of 4,341 each.
Section 145B of TULR(C)A was introduced to restrict an employer’s ability to discourage employees from joining a union. It prohibits an employer from making a direct offer to a worker who is a member of a recognised trade union where the employer’s sole or main purpose in making the offer is to achieve a “prohibited result,” meaning a result that circumvents a collective bargaining process with the recognized union such that the relevant terms are no longer collectively bargained. If...
A man in his 40s who raised allegations of overseas sexual misconduct involving Democratic Party of Korea candidate Park Ji-won ahead of the June 3 local elections has been referred to the Prosecu...