Labour & European Law Review
10 June 2015
The number of people working regularly from home has increased by more than 800,000 since 2005, according to analysis by the TUC. The findings, published last week to mark the tenth National Work from Home Day, bring the total number of homeworkers to 4,218,699.
The law requires employers to recognise trade unions for collective bargaining purposes in certain circumstances in respect of “pay, hours and holidays”. In BALPA v JET2.COM Ltd, however, the High Court ruled that even though the company was under a legal obligation to recognise BALPA, it dId not have to negotiate terms which were not core contractual terms “relating to pay, hours and holidays”.
Section 195 of the Trade Union and Labour Relations Consolidation Act (TULRCA) 1992 defines redundancy for the purpose of collective consultation as: “… dismissal … for a reason not related to the individual concerned …”. In UCU v University of Stirling, the Supreme Court held that the termination of limited term contracts was a reason related to the employer’s business, not to the individual concerned.