Collective employee relations

New and updated

• 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.

• Date:

  22 July 2002

  Type:

  Employment law cases

  Trade union recognition: Union's proposed bargaining unit must receive first consideration

  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.

• Date:

  15 June 2002

  Type:

  Employment law cases

  Redundancy consultation: Conflicting UK and EU rules on redundancy consultation

  In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.