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Employment tribunal – Jurisdiction. The employee had issued proceedings in the employment tribunal alleging detriment on grounds related to union activities contrary to s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal had allowed his claim and the employing NHS Trust had appealed. The Employment Appeal Tribunal allowed the appeal on the ground that the relevant trade union had not been independent at the time of the acts complained of, namely three years before, therefore the tribunal had not had jurisdiction to hear the claim. The Court of Appeal, Civil Division, allowed the employee's appeal. It held that the question whether a trade union was independent did not affect the jurisdiction of the employment tribunal in a claim under s 146 of the Act. Further, a certificate of independence was retrospective in its effect for a reasonable period before the date of the certificate. Historic questions of independence were to be referred to the certification officer.
Employment tribunal – Jurisdiction. The employee had issued proceedings in the employment tribunal alleging detriment on grounds related to union activities contrary to s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal had allowed his claim and the employing NHS Trust had appealed. The Employment Appeal Tribunal allowed the appeal on the ground that the relevant trade union had not been independent at the time of the acts complained of, namely three years before, therefore the tribunal had not had jurisdiction to hear the claim. The Court of Appeal, Civil Division, allowed the employee's appeal. It held that the question whether a trade union was independent did not affect the jurisdiction of the employment tribunal in a claim under s 146 of the Act. Further, a certificate of independence was retrospective in its effect for a reasonable period before the date of the certificate. Historic questions of independence were to be referred to the certification officer.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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