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Mercer V Alternative Future Group Ltd
''Mercer v Alternative Future Group Ltd'' [2024UKSC 12is a UK labour law case, concerning the right to strike for fair wages and to not be subjected to detriment. Facts Mercer was suspended after organising strikes for better wages as a trade union representative for Unison in her workplace at the Alternative Futures Group, a charity with the slogan "Amazing people... doing amazing things... every day". The employer claimed strike action was not protected from detriment under TULRCA 1992 section 146, which did not extend to strikes by its reference to the "appropriate time". Mercer argued it was necessary to protect strike action among other things to comply with the right to strike and freedom of association in ECHR article 11. The Tribunal held that an interpretation of section 146 to cover detriment for strike action would go against the "legislative scheme". The Secretary of State intervened on the employer's side. Judgment Employment Appeal Tribunal Choudhury J held that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 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, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unison
In music, unison is two or more musical parts that sound either the same pitch or pitches separated by intervals of one or more octaves, usually at the same time. ''Rhythmic unison'' is another term for homorhythm. Definition Unison or perfect unison (also called a prime, or perfect prime)Benward & Saker (2003), p. 53. may refer to the (pseudo-) interval formed by a tone and its duplication (in German, ''Unisono'', ''Einklang'', or ''Prime''), for example C–C, as differentiated from the second, C–D, etc. In the unison the two pitches have the ratio of 1:1 or 0 half steps and zero cents. Although two tones in unison are considered to be the same pitch, they are still perceivable as coming from separate sources, whether played on instruments of a different type: ; or of the same type: . This is because a pair of tones in unison come from different locations or can have different "colors" (timbres), i.e. come from different musical instruments or human voices. Voices w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
TULRCA 1992
The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law contained in the Act (TULRCA 1992) has existed in more or less the same form since the Trade Disputes Act 1906. Underneath a mass of detail, four main principles can be found in the main parts of the Act. The Act's effect is to *define trade unions and state they are the subjects of legal rights and duties *protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment *provide a framework for a union to engage in collective bargaining for better workplace or business standards with employers *protect the right of workers in a union to take action, including strike action and industrial action short of a strike, to support and defend their interests, when reasonable notice is given, and when tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ECHR Article 11
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) *'' Vogt v Germany'' (1995) *''Wilson and Palmer v United Kingdom'' 002ECHR 552*''Yazar, Karatas, Aksoy and Hep v Turkey'' (2003) 36 EHRR 59 *''Church of Scientology Moscow v Russia'' (2007) *''ASLEF v United Kingdom'' (2007) *''Bączkowski v Poland'' (2007) *''Demir and Baykara v Turkey'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law *German labour law German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an 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 make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
