Collective employee relations

New and updated

• Type:

  FAQs

  For the purposes of the Information and Consultation of Employees Regulations 2004, how is the number of employees in an undertaking calculated?

• Type:

  FAQs

  Under the Information and Consultation of Employees Regulations 2004 when is an employer required to initiate negotiations in respect of an information and consultation agreement?

• Date:

  31 December 2004

  Type:

  Employment law cases

  Griffiths and another v Salisbury District Council

  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.

• Type:

  FAQs

  What may happen if an employer fails to comply with redundancy consultation procedures?

• Date:

  2 July 2004

  Type:

  Employment law cases

  Contracts of employment: Collectively "agreed" variation to terms not valid

  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.

• 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.