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Restriction on supplying temporary staff during industrial action to be repealed

The Government has today announced that it will introduce legislation to enable employment businesses to supply temporary workers to plug staffing gaps during industrial action. The Government has also announced that it will significantly raise the maximum damages that can be awarded in any action against a union arising out of unlawful industrial action.

Imposition of pay award when negotiations reached impasse was unlawful inducement

In Ineos Infrastructure Grangemouth Ltd v Jones and ors and another case, the EAT has upheld an employment tribunal’s decision that an employer’s imposition of a pay award, at a time when pay negotiations with the recognised trade union were at an impasse, amounted to an unlawful inducement under S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992.

Dismissal procedure not irrelevant to assessment of proportionality under S.15 EqA

In Department for Work and Pensions v Boyers, the EAT has held that an employment tribunal did not err in finding that the claimant’s dismissal constituted discrimination arising from disability under S.15 of the Equality Act 2010 because her dismissal was not a proportionate means of achieving the respondent’s legitimate aims.

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