Collective employee relations

New and updated

• Date:

  18 June 2004

  Type:

  Employment law cases

  Works councils: Deemed central management obliged to obtain information

  In Gesamtbetriebsrat der Kühne & Nagel AG & Co KG v Kühne & Nagel AG & Co KG, the ECJ holds that articles 4(1) and 11(1) of the European Works Councils Directive require that where the central management of a Community-scale group of undertakings is not located in one of the EU member states, the responsibility for providing the employees' representatives with the information essential to the opening of negotiations for the establishment of a European Works Council lies with the deemed central management.

• Date:

  1 June 2004

  Type:

  Employment law cases

  Susie Radin v GMB

  In Susie Radin v GMB and others [2004] IRLR 400 CA, the Court of Appeal held that the employment tribunal had not erred in making a protective award for the maximum period of 90 days in respect of the employers' failure to consult with the union over a proposal to close a factory and dismiss all employees as redundant, notwithstanding the tribunal's finding in relation to the employees' claims of unfair dismissal that, in those circumstances, consultation would have been futile.

• Date:

  31 December 2003

  Type:

  Employment law cases

  BECTU v City Screen Ltd

  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.

• Date:

  19 December 2003

  Type:

  Employment law cases

  Collective redundancies: "Proposal to dismiss" was made when directors approved decision

  In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Date:

  19 September 2003

  Type:

  Employment law cases

  Transfer of undertakings: Transferee contractually obliged to pay nationally agreed public sector wage rises

  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.

• Date:

  15 August 2003

  Type:

  Employment law cases

  Transfer of undertakings: Transferor's liability for failure to inform and consult passes to transferee

  In Alamo Group (Europe) Ltd v (1) Tucker (2) Twose of Tiverton Ltd, the EAT holds that where a transferor fails to comply with its duty to inform and consult upon a relevant transfer, liability for that failure passes to the transferee under reg. 5 of the TUPE Regulations.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Date:

  30 December 2002

  Type:

  Employment law cases

  Contracts of employment: Clear evidence of custom and practice covers all contractual terms

  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.

• Date:

  7 October 2002

  Type:

  Employment law cases

  Union recognition: Employee bound by agreement made with shop steward

  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.