Collective bargaining and agreements
In Independent Workers Union of Great Britain v Central Arbitration Committee and another, the Supreme Court held that Deliveroo riders are not in an employment relationship and fall outside the scope of the trade union rights under art.11 of the European Convention on Human Rights (ECHR).
In INEOS Infrastructure Grangemouth Ltd v Jones and others, the EAT held that the employer had offered an unlawful inducement when it imposed a pay award in circumstances where collective bargaining pay negotiations had not been exhausted.
In Kostal UK Ltd v Dunkley and others, the Supreme Court restored the tribunal's decision and held that the employer had offered unlawful inducements when it made two pay offers directly to Unite members while the collective bargaining process was still continuing.
In Kostal UK Ltd v Dunkley and others, the Court of Appeal held that the employer had not made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union.
In University of London v Morrissey, the Employment Appeal Tribunal (EAT) found that the University of London breached the Information and Consultation of Employees Regulations 2004, when it asked two recognised trade unions, whose members constituted around 25% of the workforce, to nominate employee representatives.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.
In DLA Piper's case of the week, Anderson and others v London Fire & Emergency Planning Authority, the Court of Appeal considered whether or not uncertain wording in a collective agreement allowed an employer to give staff a lower pay increase than in previous years.
Employment law cases: HR and legal information and guidance relating to collective bargaining and agreements.