Trade unions and trade union recognition
In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.
In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.
In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.
In Griffiths and another v Salisbury District Council [2004] All ER (D) 104 (Feb) CA, the Court of Appeal held that the Implementation Agreement reached as part of the establishment of the new national agreement setting up the National Joint Council for Local Government Services formed part of the contracts of employment of the council's employees. The results of a regrading exercise that was carried out in accordance with the provisions of the Implementation Agreement were therefore incorporated into the employees' contracts of employment as legally binding terms.
In South Tyneside Metropolitan Borough Council v Graham, the EAT holds that a "local agreement", for the purposes of the National Joint Council for Local Government Employees' collective bargaining agreement, should be construed as meaning either an agreement by all the locally recognised trade unions, or an agreement that has been determined by a process agreed by all the recognised unions.
In BECTU v City Screen Ltd (TUR1/309/2003) CAC, the Central Arbitration Committee accepted an application from the Broadcasting Entertainment Cinematograph and Theatre Union that the union should be recognised for the purposes of collective bargaining by City Screen Ltd for a defined bargaining unit.
In Glendale Managed Services v Graham and others the Court of Appeal holds that a transferee employer of a local authority undertaking was under a contractual obligation to increase an employee's pay in accordance with nationally agreed rates.
In Henry and others v London General Transport Services Ltd, the Court of Appeal holds that, whereas clear evidence is required that a custom and practice has been incorporated into individual contracts of employment by virtue of the collective bargaining between an employer and the recognised trade union, such a custom and practice, once established, can be expected to cover all contractual terms.
In Harris v Richard Lawson Autologistics Ltd, the Court of Appeal holds that a shop steward had apparent or ostensible authority to negotiate an agreement on holiday pay on behalf of TGWU members he represented, notwithstanding that, on the assumed facts of the case, the agreement was not put to the members, and was concluded in contravention of TGWU standing instructions.
In R v Central Arbitration Committee and another ex parte Kwik-Fit, the Court of Appeal holds that, in determining the "appropriate bargaining unit" for the purposes of statutory trade union recognition, the CAC must first consider the proposal put forward by the union and, if it finds this to be the appropriate bargaining unit, to go no further.
Employment law cases: HR and legal information and guidance relating to trade unions and trade union recognition.