| Cheall v APEX | |
|---|---|
 | |
| Court | House of Lords |
| Keywords | |
| Trade union, governance | |
Cheall v APEX [1983] 2 AC 180 is a UK labour law case, concerning the governance of trade unions in the United Kingdom.
| Cheall v APEX | |
|---|---|
| | |
| Court | House of Lords |
| Keywords | |
| Trade union, governance | |
Cheall v APEX [1983] 2 AC 180 is a UK labour law case, concerning the governance of trade unions in the United Kingdom.
Mr Cheall was expelled by Association of Professional, Executive, Clerical and Computer Staff (APEX) after he accepted membership, because he was a member of another union. He knew he was a member of Association of Clerical, Technical and Supervisory Staffs. ACTSS complained to the TUC that APEX acted in breach of the Bridlington Principles. Mr Cheall challenged his expulsion, which followed the union's rules.
In the High Court, Bingham J held that the union rule applied, so Mr Cheall could be expelled. The Court of Appeal overturned the High Court.
The House of Lords, Lord Diplock giving the lead judgment, held that the TUC Disputes Committee was entitled to hear the claim before it made its decision. Mr Cheall had no standing to be heard in the hearing between ACTTS and the TUC. He was also not entitled to be heard by APEX ‘where nothing he said could affect the outcome.’ He said the following. [1]
... different considerations might apply if the effect of Cheall’s expulsion from APEX were to have put his job in jeopardy, either because of the existence of a closed shop or for some other reason. But this is not the case.... ... freedom of association can only be mutual; there can be no right of an individual to associate with other individuals who are not willing to associate with him.
European Union law is a system of rules operating within the member states of the European Union. Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
William John Kenneth Diplock, Baron Diplock, was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law".
Accord is an independent trade union, affiliated to the TUC and the Scottish TUC and specialized for around 25,000 staff in financial services, including members in the Lloyds Banking Group, MBNA, TSB, The Equitable Life Assurance Society and Sainsbury's Bank.
Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] UKHL 1, commonly known as the Taff Vale case, is a formative case in UK labour law. It held that, at common law, unions could be liable for loss of profits to employers that were caused by taking strike action.
Amalgamated Society of Railway Servants v Osborne [1910] AC 87 is a UK labour law case, which ruled that members of trade unions would now have to "contract in" if they wanted a portion of their salary to go to a trade union, unlike the previous system of "contracting out", in which the portion of salary was taken unless the individual explicitly stated otherwise.
Trade unions in the United Kingdom were first decriminalised under the recommendation of a Royal commission in 1867, which agreed that the establishment of the organisations was to the advantage of both employers and employees. Legalised in 1871, the Trade Union Movement sought to reform socio-economic conditions for working men in British industries, and the trade unions' search for this led to the creation of a Labour Representation Committee which effectively formed the basis for today's Labour Party, which still has extensive links with the Trade Union Movement in Britain. Margaret Thatcher's governments weakened the powers of the unions in the 1980s, in particular by making it more difficult to strike legally, and some within the British trades union movement criticised Tony Blair's Labour government for not reversing some of Thatcher's changes. Most British unions are members of the TUC, the Trades Union Congress, or where appropriate, the Scottish Trades Union Congress or the Irish Congress of Trade Unions, which are the country's principal national trade union centres.
The Industrial Relations Act 1971 (c.72) was an Act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government.
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination. The tribunals are part of the UK tribunals system, administered by the HM Courts and Tribunals Service and regulated and supervised by the Administrative Justice and Tribunals Council.
The Grunwick dispute was a British industrial dispute involving trade union recognition at the Grunwick Film Processing Laboratories in Chapter Road, Dollis Hill in the London suburb of Willesden, that led to a two-year strike between 1976 and 1978.
The Association of Professional, Executive, Clerical and Computer Staff (APEX) was a British trade union which represented clerical and administrative employees.
Jay Lee was a British National Party (BNP) member, who fought a legal battle after being expelled from a trade union.
Associated Society of Locomotive Engineers and Firemen v United Kingdom [2007] ECHR 184 was a landmark case before the European Court of Human Rights and upheld the right of ASLEF, a British trade union, to be able to choose its members.
O'Neill v Phillips[1999] UKHL 24 is a UK company law case on an action for unfair prejudice under s.459 Companies Act 1985. It is the only case thus far in the House of Lords on the provision and it deals with the concept of members of a business having their "legitimate expectations" disappointed.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably, (2) it violated a legitimate expectation, (3) failed to exercise relevant and independent judgement, (4) exhibited bias or a conflict of interest, or failed to give a fair hearing, and (5) violated a human right. As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed, or it could ask for an order to make the body do something, or prevent the body from acting unlawfully. A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract.
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996.
Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 is a UK labour law case about the common law before the Transfers of Undertakings Directive 2001 and the Transfer of Undertakings Regulations 2006. The case decided that an employee had to consent before a burden was placed on him by a change in employer.
Rigby v Connol (1880) 4 Ch D 482 is a UK labour law case, concerning the right of a union member not to be expelled. It is no longer good law, having been superseded by Lee v The Showmen’s Guild of Great Britain and the Trade Union and Labour Relations (Consolidation) Act 1992.
Lee v Showmen's Guild of Great Britain [1952] 2 QB 329 is a UK labour law case, concerning the construction of terms in a contract of employment.
Breen v Amalgamated Engineering Union [1971] 2 QB 175 is a UK labour law case, concerning trade union regulation.