An employment tribunal erred in ruling that employees who protested to their employer, by way of petition, against new terms and conditions of employment collectively agreed between the employer and the recognised trade union had not accepted those terms, holds the EAT in London General Transport Services Ltd v Henry and others.
In William West & Sons (Ilkeston) Ltd v (1) Fairgieve and others (2) EXEL/BRS Ltd, the EAT holds that transferred employees were not subject to an agreement made between a transferor and a recognised trade union negotiated after the date of the transfer.
The exclusion by a collective agreement of low-paid, part-time workers from entitlement to an end-of-year bonus provided for by that agreement constituted indirect discrimination based on sex, where that exclusion applied independently of the sex of the worker but actually affected a considerably higher percentage of women than men, rules the ECJ in Krüger v Kreiskrankenhaus Ebersberg.
In Anderson v Pringle of Scotland Ltd, the Court of Session grants an interim interdict restraining an employer from selecting an employee for redundancy on any basis other than that which had been agreed between the employer and the employee's union.
In BET Catering Services Ltd v Ball and others and Whent and others v T Cartledge Ltd, the EAT holds that the method of determining employees' pay expressly provided for in their contracts of employment with transferor local authorities is, by virtue of the Transfer of Undertakings Regulations, transferred to a transferee private contractor without modification or amendment.
In British Road Services v Loughran, the Northern Ireland Court of Appeal considers the circumstances in which separate pay structures based on different collective bargaining arrangements can constitute a "genuine material factor" defence to an equal pay claim.
HR and legal information and guidance relating to collective agreements.