The Court of Appeal has restored an employment tribunal decision that a transferee was not bound by the terms of a pay increase made under a collective agreement that was incorporated into the contracts before the transfer, where the increase was made under an agreement reached after the transfer in which the transferee played no part.
Following the creation of Unison in 1993 and the legacy of five different sets of terms and conditions, the union set about equality-proofing its pay structure for staff, and harmonising terms and conditions. This case study charts the obstacles that were overcome and details the new pay structure.
In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged.
In Rolls-Royce plc v Unite  EWCA Civ 387 CA, the Court of Appeal held that a redundancy selection matrix set out in a 2003 collective agreement was not automatically rendered unlawful following the implementation of the age discrimination legislation in 2006.
In Alemo-Herron and others v Parkwood Leisure Ltd  IRLR 322 EAT, the EAT held that employees transferred under TUPE were entitled to pay increases in accordance with the terms of a collective agreement incorporated into their contracts before the transfer, notwithstanding that the agreement was renegotiated and revised post-transfer, with the transferee playing no part in that process.
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