Trade union representative meaning

This Checklist sets out an overview of the principal legal and practical matters that may call for attention during a transfer of undertakings carried out under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI 131/2003 (IRL) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)). Information and consultation Both the transferor and the transferee alike bear statutory duties in relation to information and consultation before, during, and after the transfer process. The scope of those statutory responsibilities is ultimately fixed by reference to the date of transfer. Up to the transfer date, the transferor remains liable for all statutory obligations concerning information and consultation on the transfer process and the potential impact on employees’ rights linked to their contract of employment. See further Practice Note: Ireland-TUPE-Information and consultation for further details. From the date of transfer onwards, the transferee is liable for any statutory obligations relating to information and consultation in this...

In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals European Council confirms nominations for key EU roles The European Council convened on 27 June 2024 to set its strategic agenda for 2024–2029 and to settle key appointments for the coming institutional cycle. António Costa, former Prime Minister of Portugal, was chosen to serve as President of the European Council from 1 December 2024 to 31 May 2027, succeeding Charles Michel. The Council also backed Ursula von der Leyen as its pick for a further term as President of the European Commission, and nominated Kaja Kallas, the current Estonian Prime Minister, for High Representative of the Union for Foreign Affairs and Security Policy. The Commission Presidency still requires approval...

In this issue: Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences TMT International trade Daily and weekly news alerts Trackers New and updated content Commercial Council of the EU adopts directive updating EU product liability rules The Council of the EU has signed off a directive refreshing the EU’s civil liability regime to reflect technological change and circular economy practices. Key elements include: An expanded definition of product to cover digital manufacturing files and software; Potential liability for online platforms where they act as an economic operator for defective goods sold via their service; A streamlined route to compensation; Liability attaching to any importer of a product, or the EU-based representative of a non-EU manufacturer, ensuring consumers can obtain redress for harm caused by goods made outside the EU; Responsibility for the business or...

This Practice Note directs legal practitioners on the meaning and scope of consultant lobbying, and on compliance, offences, and sanctions arising under Part 1 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) (also called the Lobbying Act). What does the Lobbying Act do? TLNPCTUAA 2014 is arranged into three discrete parts, with certain supplementary provisions, as follows: TLNPCTUAA 2014, Pt 1 creates a register of ‘consultant lobbyists’ (in essence, those presenting representations to government for clients) and appoints a registrar to oversee, monitor, and enforce the registration obligations in practice TLNPCTUAA 2014, Pt 2 revises certain elements of electoral law concerning non-party campaigning (individuals or organisations campaigning before elections who are not themselves candidates or parties). For further guidance and context, see Practice Note: Non-party campaigning TLNPCTUAA 2014, Pt 3 modifies provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding trade unions’ duties to keep their membership lists current and accurate...

The USS is a private sector occupational pension arrangement for higher education institutions. It offers benefits on a salary‑linked, defined benefit basis. Set up collectively by universities in the 1970s, it ranks among the largest private sector pension schemes in the UK. Legal framework The USS was first constituted by a declaration of trust dated 2 December 1974, and is now governed by a trust deed and rules dated 19 November 2015, effective from 1 April 2016. It is subject to pensions legislation in the same way as any other UK private sector occupational pension scheme. Administration and governance Universities Superannuation Scheme Limited (the USS Trustee) acts as the sole trustee and is accountable for running and administering the USS. The Trustee Board passes day‑to‑day scheme oversight to the Group Executive Committee, comprising nine individuals. The Trustee’s board of directors is required to consist of ten to twelve members, including the following: four directors appointed by Universities UK, a representative organisation for UK...

This Practice Note explores the guidance and support available to trade union members. It outlines the entitlement to be accompanied by a trade union representative at any disciplinary or grievance meeting with an employer, access to legal advice and assistance from the union, and the union’s ability to secure a binding settlement. Union membership gives an individual worker access to advice and other forms of assistance from the union in a range of work-related settings, with support available across numerous workplace contexts and situations. Representation by a trade union in dialogue with an employer A worker has a statutory entitlement to be accompanied by a union representative—either an employee of the union, or an official the union has certified as suitably qualified—at any disciplinary or grievance hearing with their employer (see Practice Note: The right to be accompanied). This entitlement is not conditional upon the particular union being recognised by the employer concerned, nor upon the worker being a member of that union. Nevertheless, in practice, a union...

Insert in para 8.2 of claim form ET1 [ The [ enter name of union, eg UVW union ] is an independent trade union formally acknowledged by the Respondent in relation to [ enter details, eg all catering workers ] working within its undertaking at [ insert address ]. OR The Claimant is an employee representative, being a member of the Respondent organisation’s elected representative body for [ enter details of the staff represented by the elected representatives, eg all catering workers ] engaged within its undertaking at [ insert address ]. ]...

[ To be printed on the Transferee’s headed paper ] [ Insert the Transferor’s address ] [ Insert date ] Dear [ insert name of Transferor ] Notice of cancellation of election to carry out pre-transfer redundancy consultation This letter gives written notice, under section 198A(5) of the Trade Union and Labour Relations (Consolidation) Act 1992, that the election of [ insert name of Transferee ], dated [ insert date ], to conduct pre-transfer consultation is cancelled with immediate effect. [ For the avoidance of doubt, this notice also ends the pre-transfer collective redundancy consultation agreement between [ insert name of Transferor ] and [ insert name of Transferee ] dated [ insert date ]. ] Please confirm receipt by signing, dating, and returning the enclosed counterpart of this letter no later than [ insert date ]. Yours sincerely [ Signature of Transferee’s representative ] For and on behalf of [ insert name of Transferee ] [ On copy...

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent as a [ insert job title, eg ‘Senior Accountant' ] from [ insert start date of employment ] up to [ his OR her OR their ] dismissal on [ insert end date of employment ]. It is further [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Respondent rejects any assertion that the Claimant was unfairly [ and/or wrongfully ] dismissed [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing ], whether as alleged or at all. [ The contract of employment ] [ It is [ accepted OR not accepted OR denied ] that the...

Duty to make reasonable adjustments The Equality Act 2010 (EqA 2010) establishes a duty to make reasonable adjustments (referred to below as ‘the duty’), which contains three distinct requirements. The third requires that, where a disabled person would, without the provision of an auxiliary aid, face a substantial disadvantage in relation to a relevant matter when compared with people who are not disabled, such steps as are reasonable must be taken to supply the auxiliary aid. The situations in which the duty arises differ across workplace settings. Accordingly, the precise circumstances that engage the duty will not be uniform across all settings. For all three requirements, the duty is triggered only where a disabled individual is placed at a substantial disadvantage compared with non‑disabled people ‘in relation to a “relevant matter”’, and what counts as a ‘relevant matter’ (as defined in EqA 2010, Sch 8 Pt 1) varies according to the particular type of workplace. As a result, application of the duty is context‑specific to the workplace in question....

For guidance on safeguarding confidentiality in the workplace, see Practice Note: Confidential information and trade secrets in employment. For broader support on addressing misconduct, consult the following Practice Notes: Managing conduct Dismissing fairly for conduct reasons Reason for dismissal—conduct Protection from dismissal Under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), a dismissal will be automatically unfair if the principal reason for ending employment is that the worker: has taken part in, or intended to take part in, the activities of an independent trade union at an appropriate time has used, or intended to use, trade union services at an appropriate time For these purposes, ‘an appropriate time’ is: a time outside the worker’s normal working hours, or a time during working hours when the employer has agreed they may engage in union activities or make use of union services The...