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 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.
In Bull and another v Nottinghamshire and City of Nottingham Fire and Rescue Authority; Lincolnshire County Council v Fire Brigades Union and others  All ER (D) 372 (Feb) CA, the Court of Appeal has held that it is not part of fire-fighters' normal contractual duties under a collective agreement to go to accidents and emergencies that would normally be dealt with by ambulance crews.
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
Joe Glavina of Addleshaw Goddard outlines the latest legal rulings and explains what you need to do to avoid tribunals.
In Griffiths and another v Salisbury District Council  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.
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.
Employees whose contracts of employment expressly specified 39 hours of work a week while incorporating a national agreement that provided for a standard working week of 37 hours suffered unlawful deductions from wages when they did not receive overtime payments in respect of two of the 39 hours they worked weekly, holds the EAT in Inverclyde Council v Wilson and others.
In Brunnhofer v Bank der osterreichischen Postsparkasse AG1 the European Court of Justice rules that in comparing the pay of men and women for the purposes of an equal pay claim, the fact that the employees concerned are classified in the same job category under a collective agreement is not in itself sufficient to lead to a conclusion that they perform the same work or work of equal value.
In Witley & District Mens Club v Mackay, the EAT holds that a provision in a collective agreement denying pay in lieu of outstanding holiday entitlement to a worker dismissed for dishonesty, which was incorporated into his contract of employment, was rendered void by the Working Time Regulations 1998.
HR and legal information and guidance relating to collective agreements.