News & Media

Search

Cases - 

RMT v. UK

In RMT v. United Kingdom the European Court of Human Rights held that the ban on secondary action in the United Kingdom was a justified interference with the right to... Read More

Cases - 

George v. Ministry of Justice (Court of Appeal)

When will a collective agreement be incorporated into a contract of employment? When is such a term apt for incorporation into a contract? Are the preceding negotiations relevant?   George... Read More

Cases - 

Lakanal House Fires

John Hendy QC and Christopher Edwards represented the families of the deceased in these Inquests following the Lakanal House fire, a major fire at one of the London Borough of... Read More

Cases - 

UNITE the Union v. United Kingdom

Counsel for UNITE the Union: John Hendy QC leading Michael Ford     An application to the European Court of Human Rights has been made on the basis that UK... Read More

Cases - 

Quashie v. Stringfellow Restaurants Ltd

The nature of the contractual obligations between a nightclub and a lap dancer, who worked for the club on a rota basis, were not such as to render it a... Read More

Cases - 

British Airways plc v. Mak and others

In what circumstances does an employee work 'at an establishment in Great Britain' for the purposes of the Race Relations Act 1976 and the Age Regulations 2006? The UK Supreme... Read More

Cases - 

Prison Officers Association and others v. United Kingdom

John Hendy QC & Sandy Fredman QC for the Applicants. Section 127 of the Criminal Justice and Public Order Act 1994 makes it an offence to induce prison officers to... Read More

Cases - 

Metroline Travel v. Unite

An interim injunction was granted against a union preventing its members, who were bus drivers, from engaging in industrial action in protest of the refusal of their employers to pay... Read More

Cases - 

Quashie v. Stringfellows Restaurants Ltd

In Quashie v. Stringfellows Restaurants Ltd (26 April 2012 ), the EAT (HHJ McMullen, sitting alone) held that a lap dancer working at Stringfellow’s well-known night club was an employee... Read More

Cases - 

Balfour Beatty Engineering Services Ltd v. Unite The Union

On 16 February, the High Court refused an application by Balfour Beatty Engineering Services to stop forthcoming industrial action. The successful party, Unite the Union, was represented by John Hendy... Read More

Cases - 

Mattu v. University Hospitals of Coventry & Warwickshire NHS Trust

A cardiology consultant's civil right to practise his profession had not been determined by an NHS trust's disciplinary process and his subsequent dismissal as he was still a fully-registered medical... Read More

Cases - 

Baker v. Quantum Clothing Group Limited & Others

Employers in the knitting industry were not liable at common law or under the Factories Act 1961 s.29 for hearing loss sustained by their employees before the entry into force... Read More

Cases - 

ASLEF/RMT v. London Midland and Serco Docklands

Members of Old Square Chambers have succeeded in a groundbreaking case on industrial action in the Court of Appeal.   John Hendy QC leading Oliver Segal (since elevated to silk)... Read More

Cases - 

Richard Dermott v. London Borough of Harrow

The decision of a local authority's disciplinary panel that allegations of harassment against a former employee were substantiated showed no flaw in relation to the disciplinary process, the decision reached... Read More

Cases - 

Malone & Others v. British Airways PLC

An airline which had reduced the number of cabin crew on certain flights had not breached its employees' contracts. The crew complements formed part of a collective agreement but were... Read More

Cases - 

British Airways Plc v. Unite The Union

By providing the results of a ballot on industrial action by cabin crew working for an airline on its website, on union notice boards in crew report centres and via... Read More

Cases - 

Milford Haven Port Authority v. UNITE

The Court of Appeal has handed down its decision in Milford Haven Port Authority v UNITE, which is authority for the proposition that notice of separate, continuous and discontinuous industrial... Read More

Cases - 

Metrobus Limited v. Unite The Union

The requirements imposed on trade unions by the Trade Union and Labour Relations (Consolidation) Act 1992 s.226A, s.231A and s.234A were not disproportionate restrictions on rights under the European Convention... Read More

Cases - 

Dr Kulkarni v. Milton Keynes Hospital NHS Foundation Trust

The Court of Appeal today handed down judgment in the case of Dr Kulkarni v. Milton Keynes Hospital NHS Foundation Trust. Dr Kulkarni was successfully represented by Mr Jonathan Davies... Read More

Cases - 

Baker v. Quantum

John Hendy QC leads a legal team which successfully persuades the Court of Appeal that, under the Factories Acts, an employer’s duty to protect workers against hearing loss caused by... Read More

Cases - 

McConnell v. Bombardier Aerospace Short Bros plc

Our employment law distinguishes between dismissal of an employee on grounds related to trade union membership or activities, and selection for redundancy on grounds related to union membership or activities.... Read More

Cases - 

Lakshmi v. Mid Cheshire Hospitals NHS Trust

An employer was in breach of contract for failing to adjourn a disciplinary hearing, contrary to its disciplinary policy, and thereby in breach of contract for dismissing the employee at... Read More

Cases - 

Ministry of Justice v. Prison Officers Association

There had been no inequitable conduct on the part of the Ministry of Justice where it had departed from the recommendation of a pay review board on the grounds of... Read More

Cases - 

Wain & Ors v. Guernsey Ship Management Ltd

Although there had been factors for and against a finding that a group of short-term contract employees had formed an economic entity for the purposes of the Transfer of Undertakings... Read More

Cases - 

Palmer v. East and North Hertfordshire NHS Trust

An NHS trust had acted in breach of contract by withdrawing from a process whereby a surgeon was being assessed by the National Clinical Advisory Service. The applicant consultant surgeon... Read More

Cases - 

Gryf-Lowczowski v Hinchingbrooke

A surgeon's contract of employment had not been terminated by operation of the doctrine of frustration. There was a realistic possibility of him obtaining a "re-skilling" placement that would enable him... Read More

Cases - 

Khudados v. Leggate

On the facts, it was not appropriate to allow the appellant to amend a notice of appeal. The appellant's delay in applying to amend the notice was excessive, inexcusable and... Read More

Cases - 

DWP v. Webley

Failure to renew or to extend a fixed-term contract did not, of itself, amount to the less favourable treatment of a fixed term employee in comparison to a permanent employee,... Read More

Cases - 

English, Welsh & Scottish Railway v. NURMTW

The appellant trade union (R) appealed against the continuation of an injunction granted in favour of the respondent companies (X and Y) restraining the taking of industrial action. X and... Read More

Cases - 

Prison Service v Bewley

An arbitrator's award constituted a binding agreement between the parties.... Read More

Cases - 

Anthony Sadler v. General Medical Council

The General Medical Council's Committee on Professional Performance had jurisdiction to determine the referral of a complaint about the performance of appellant consultant surgeon. There was nothing irregular or unfair... Read More

Cases - 

Chaudhary v Royal College of Surgeons

Appeals and applications for leave to appeal arising out of four sets of proceedings in the Employment Tribunal ('ET') between 1997 and 2000 taken by the claimant doctor ('C') for... Read More

Cases - 

(1) Godrich (2) Serwotka v (1) PCS (2) Reamsbottom

The second defendant's term of office as general secretary of the first defendant trade union was governed by his contract of employment entered into with a predecessor trade union prior... Read More

Cases - 

Wilson and Palmer v. United Kingdom

Treating an employee who signs an individual employment contract more favourably than one who refuses to do so does not contravene the Employment Protection (Consolidation) Act 1978.... Read More

Cases - 

The Ladbroke Grove Rail Inquiry

Jonathan Clarke was Principal counsel for the RMT, John Hendy QC, Michael Ford and Rohan Pirani appeared on behalf of the bereaved and injured in both Parts I and II... Read More

Cases - 

UNISON v Westminster City Council

Having considered the facts of the case and the information supplied in the pre-strike ballot the Court of Appeal was of the opinion, contrary to the judge's findings, that this... Read More

Cases - 

The Southall Rail Accident Inquiry Report

Jonathan Clarke was Counsel for the London Fire and Civil Defence Authority, John Hendy QC and Michael Ford were instructed on behalf of the bereaved and injured.... Read More

Cases - 

Allen & Ors v AMCO

An applicants’ interlocutory appeal for discovery relating to the issues was allowed. An interlocutory appeal by employees against directions from the Leeds IndustrialTribunal concerning the hearing of a preliminary issue.... Read More

Cases - 

University College London NHS Trust v UNISON

A dispute concerning terms and conditions of employment between an unidentified third party to whom the employer was planning to transfer its business and existing and future employees was not... Read More

Cases - 

Armstrong & Ors v British Coal Corporation

In an appeal by the British Coal Corporation ('BC') from the decision of Judge Stephenson sitting as a judge of the High Court on 30 September 1997 the finding of... Read More

Cases - 

British Broadcasting Corporation v Kelly-Phillips

The appellant ('B') appealed against the decision of the employment appeal tribunal which upheld the preliminary decision of the Industrial Tribunal that it had jurisdiction to hear the complaint of... Read More

Cases - 

Binks v Maken and Avon Health Authority

Appeal against the decision of HHJ Owen refusing the appellant from amending his statement of claim during the trial of the action. The appellant was born on 1 November 1985.... Read More

Cases - 

RJB Mining (UK) Ltd & Ors v. National Union of Mineworkers No. 2

An injunction against industrial action was justified on the basis of non-compliance with s.228 (single aggregated ballot) and s.227(incorrect balloting constituency) of the Trade Union and Labour Relations (Consolidation) Act... Read More

Cases - 

Wise & Anor v USDAW

Claim by union members for relief concerning decisions of the executive committee of the Council of the Union as follows:- (1) that the decision that a minimum threshold of 25... Read More

Cases - 

Kramer v South Bedfordshire Community Health Centre Trust

Application by a consultant in Child and Adolescent Psychiatry at Luton and Dunstable Hospital to restrain disciplinary proceedings being brought against her. The grounds of her application were: (i) that... Read More

Cases - 

NUM (Yorkshire Area) v Millward

Appeal by the National Union of Mineworkers from an order of the Certification Officer made on the complaint of a limited member that he had been denied a vote on... Read More

Cases - 

Dines v Initial Healthcare Services

Appeals by employees against EAT decision dismissing their claim that there had been a relevant transfer of an undertaking for the purpose of the Transfer of Undertaking (Protection of Employment)... Read More

Cases - 

Department of Transport & Ors v Williams & Ors

Appeal by protesters against motorway extension construction against injunctions restraining them from trespass and obstructing the contractors from their work where some protesters had made a peaceful protest but others... Read More

Cases - 

Port of London Authority v Payne & Ors

Tests to be applied in making reinstatement orders. Appeal and cross-appeal by employees and employer from EAT concerning reinstatement orders [FN 1] . HELD: There were two stages in making... Read More

Cases - 

R v British Coal Corporation, ex parte Price

Application for declaration by British Coal Corporation that the closure of 10 coal mines was now lawful granted. HELD: The court was satisfied that the requirements as to union consultation... Read More

Cases - 

Boddington v Lawton

Application by managing trustees of the Moss Side Special Hospital Branch of the Prison Officers Association for a declaration that they were at liberty to implement a contract which had... Read More

Cases - 

Newns v British Airways plc

B.A. decided to hive off part of its business to a subsidiary company and gave its employees 15-days notice of the transfer of their employment. The TGWU and N sought... Read More

Cases - 

Tanks & Drums Ltd v Transport and General Workers’ Union

Employer's appeal against discharge of an interlocutory injunction restraining the trade union from inducing the employees from acting in breach of their contracts of employment by striking. HELD: A ballot... Read More

Cases - 

British Coal Corporation v Cheesbrough

Appeal from CA decision that the method of calculating redundancy pay by para.3(3),sch.14, EPCA 1978 was correct. HELD: In assessing an employee's average hourly rate of pay where pay varied... Read More

Cases - 

Wliuszynski v. London Borough of Tower Hamlets

W was a member of a union which as a result of a dispute with W's employers, the council, called for limited industrial action to be taken in the form... Read More

Cases - 

Rayware v Transport and General Workers’ Union

Peaceful picketing at the entrance gate to a trading estate 1200 yards from the employees' place of work was nevertheless "at or near" the place of work for the purposes... Read More

Cases - 

Dietman v Brent London Borough Council

Appeal by council against wrongful dismissal decision [FN 1]. HELD: On a proper construction of appellant's contract of employment, even if appellant was guilty of gross misconduct, she could not... Read More

Cases - 

Snowball v Gardner Merchant Ltd

Appeal against refusal to exclude evidence given by applicant under cross- examination on her complaint of sexual discrimination and harassment. Cross- examination had been directed to showing that her attitude... Read More

Cases - 

Powell v Brent London Borough Council

Principles governing granting an injunction in employment contracts.   No injunction would be granted that required an employer to let a worker continue in his job when the employer had... Read More
About cookies on our website

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)