Labour & European Law Review
01 March 2007
Trade Unions have the right to choose their own members, the European Court of Human Rights (ECHR) has ruled in a case pursued by the train drivers’ union ASLEF against the UK government.
The House of Lords said in Hatton v Sutherland (2002) that employers who provide employees with a counselling service are unlikely to be found in breach of their duty of care in the event of a negligence claim.
There are a number of tests – both statutory and judge made – for assessing whether a dismissal is unfair. In Airbus Ltd v Webb, the Employment Appeal Tribunal (EAT) has confirmed that expired warnings must always be ignored.