Kostal UK Ltd V Dunkley
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Kostal UK Ltd V Dunkley
''Kostal UK Ltd v Dunkley'' detriment for joining, or inducements to not join, a trade union. Facts Dunkley and others claimed their right to not be induced to leave a collective agreement was violated by their employer. Kostal UK Ltd wrote to employees, re-stating a pay offer the union had rejected and if it was not accepted by 18 December, no Christmas bonus would be paid (as was in the offer). In January 2016, it wrote to the employees saying non-acceptance could lead to dismissal. Employees claimed this was an unlawful inducement under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992), section 145B with a "prohibited result" that the workers' terms of employment "will not (or will no longer) be determined by collective agreement".TULRCA 1992br>s 145B/ref> The Tribunal found the employers' conduct was unlawful. The Court of Appeal reversed this, Singh LJ finding in employers’ favour. The employees appealed. Judgment The Supreme Court held that a ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ...
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Andrew Burrows, Lord Burrows
Andrew Stephen Burrows, Lord Burrows, (born 17 April 1957BURROWS, Prof. Andrew Stephen
''Who's Who 2015'', A & C Black, 2015; online edn, Oxford University Press, 2014
) is a Justice of the Supreme Court of the United Kingdom. His academic work centres on private law. He is the main editor of the compendium ''English Private Law'' and the convenor of the advisory group that produced ''A Restatement of the English Law of Unjust Enrichment'' as well as textbooks on English contract law. He was appointed to the Supreme Court of the United Kingdom on 2 June 2020. As Professor of the Law of England, University of Oxford and senior research fellow at All Souls College, Oxford at the time of his appointment, he was the first Supreme Court judge to be appointed directly from academia.


Career

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Michael Briggs, Lord Briggs Of Westbourne
Michael Townley Featherstone Briggs, Lord Briggs of Westbourne, (born 23 December 1954) is a Justice of the Supreme Court of the United Kingdom. He served earlier as a judge of the Court of Appeal of England and Wales. He is known as one of the foremost active equity judges. Early life and education Briggs was born on 23 December 1954 in New Forest, Hampshire, England, to Captain James William Featherstone Briggs, RN and Barbara Nadine Briggs (née Pelham Groom). He was educated at Charterhouse School, then an all-boys independent school in Surrey. He studied history at Magdalen College, Oxford, graduating with a Bachelor of Arts (BA) degree. He was an academical clerk (i.e. choral scholar) and as such sang in the college chapel's choir. Legal career Michael Briggs was called to the bar at Lincoln's Inn in 1978 and was the Junior Counsel to Crown Chancery from 1990 to 1994. He became a Queen's Counsel in 1994. He was made a Bencher of Lincoln's Inn in 2001, and was appointe ...
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Nicholas Underhill
Sir Nicholas Edward Underhill (born 12 May 1952), styled The Rt Hon. Lord Justice Underhill, is a British judge of the Court of Appeal of England and Wales. He was educated at Winchester College and New College, Oxford. Legal career Underhill was called to the bar at Gray's Inn 1976 (elected a bencher 2000). He became a Queen's Counsel in 1992. He was appointed a Recorder in 1994 and was authorised as a deputy High Court judge in 1998. From 2000 to 2003, he was a temporary additional judge of the Employment Appeal Tribunal. He served as Attorney-General to the Prince of Wales from 1998 to 2006. On 30 January 2006, Underhill was appointed a High Court judge, receiving the customary knighthood, and assigned to the Queen's Bench Division. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011. On 9 April 2013, he was appointed a Lord Justice of Appeal and consequently appointed to the Privy Council. Underhill was chair of the Bar ...
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Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to mak ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ...
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Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or ...
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Richard Scott, Baron Scott Of Foscote
Richard Rashleigh Folliott Scott, Baron Scott of Foscote, (born 2 October 1934) is a British judge, who formerly held the office of Lord of Appeal in Ordinary. Early life The son of Lieutenant-Colonel C. W. F. and Katharine Scott, Scott was born on 2 October 1934 and educated at Michaelhouse School, Natal in South Africa. He then studied at the University of Cape Town, where he received a Bachelor of Arts degree in 1954, and Trinity College, Cambridge, where he received a B.A ( Law Tripos) in 1957 and a Blue in rugby. He then spent a year as Bigelow Fellow at the University of Chicago, where he met his future wife, Rima Elisa Ripoll, who is from Panama. Legal career Scott was called to the bar by the Inner Temple in 1959, becoming a Bencher in 1981. From 1960 to 1983, he practised at the Chancery Bar, and was appointed a Queen's Counsel in 1975. In 1980, Scott was appointed Attorney-General of the Duchy of Lancaster, a post he held until 1983. He was Vice-Chairman of the ...
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Ingrid Simler, Lady Simler
Ingrid Ann Simler, Lady Simler, DBE, PC (born 17 September 1963) is a Justice of the Supreme Court of the United Kingdom. She was previously a judge of the Court of Appeal of England and Wales. Career Born to a Jewish family, she was educated at Henrietta Barnett School, Sidney Sussex College, Cambridge and the University of Amsterdam. She was called to the bar by Inner Temple in 1987 and became a QC in 2006. Simler was appointed a Recorder in 2002 and was a judge of the High Court of Justice (Queen's Bench Division) from 2013. She was President of the Employment Appeal Tribunal for a term of three years from 1 January 2016 to 31 December 2018. On 27 June 2018, it was announced that Simler was to be appointed to the Court of Appeal, an appointment she took up on 2 July 2019. Simler was chair of the Equality and Diversity Committee of the Bar Council, and at the date of announcement of her appointment to the High Court bench in 2013 she was head of her chambers. She is the ...
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Mary Arden, Lady Arden Of Heswall
Mary Howarth Arden, Baroness Mance, , PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales. Early life and education Mary Howarth Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007. She was brought up in south Liverpool and educated at Huyton College. She read law at Girton College, Cambridge, where she gained a starred first and an LLM, and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar. Career She was called to the bar at Gray's Inn in 1971, and joined Lincoln's Inn in ...
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Keith Ewing
Keith David Ewing (born 29 March 1955) is professor of public law at King's College London and recognised as a leading scholar in public law, constitutional law, law of democracy, labour law and human rights. Ewing has been described as "one of the leading lights of English public law" and "one of the world's leading scholars of the constitution of social democracy". He is co-author of two standard textbooks in constitutional and administrative law, and labour law. Biography Ewing studied law at Edinburgh University, graduating in 1976, then moved to Trinity Hall, Cambridge, for his PhD. He then went back to Edinburgh to begin his teaching career (1978–83), before returning to Cambridge (1983–9). In 1989, Ewing became Professor of Public Law at The Dickson Poon School of Law at King's College London. He has also taught at universities in Australia and Canada. Work Ewing is the author, co-author or editor of dozens of books and journal articles. His work recognises the sign ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can Codeterminati ...
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