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Bone v North Essex Partnership NHS Foundation Trust [2016] EWCA Civ 45

Posted: 23/02/2016

Bone v North Essex Partnership NHS Foundation Trust
Case No: A2/2014/2648
Neutral Citation Number: [2016] EWCA Civ 45

In this widely reported judgment, the Court of Appeal has once again provided essential guidance on the treatment of claims under section 146 of the Trade Unions Labour Relations Consolidation Act 1992 and in particular, how the requirement of “sole or main purpose” in respect of an employer’s actions can be met in order to establish whether section 146 has been breached. Rehana Azib, Counsel for the Respondent and a member of the 2 Temple Gardens Employment Team, has produced a note discussing the decision and its potential ramifications for employers.

If you would like to obtain a copy, please email clerks@2tg.co.uk. A link to the official transcript is provided.

Further reports and discussions of this case can be found at the following:

  • Westlaw
  • Lawtel
  • Counsel magazine
  • www.gov.uk: Guidance on Trade Union Independence
  • IDS Employment Law Brief
  • Lexis PSL Employment Update
  • Labour and European Law Review

Authors

Rehana Azib KC

Call: 2003 Silk: 2022

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