In Christian Salvesen Food Services Ltd v Ali and others, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period.
In AEEU v Scottish Courage Brewing Ltd, the Central Arbitration Committee declares that an employer should disclose to representatives of a recognised trade union the names of union members who worked overtime and the number of hours each of them actually worked.
In Adams and others v British Airways plc, the Court of Appeal holds that a collective agreement incorporated into the individual contracts of employment of pilots recruited by British Airways - which provided that all "new entrants" joining BA as pilots would be put at the bottom of its seniority list - did not apply on the merger of BA with another major airline.
In Adams and others v British Airways plc, the High Court holds that British Airways breached the contracts of employment of some of its pilots when, following a takeover of another airline, it granted that airline's pilots seniority according to their service with their former employer, and above its own pilots.
In Higgins v Cables Montague Contracts Ltd, the EAT upholds an industrial tribunal's finding that a collective agreement, the effect of which was to reduce an employee's wages, was incorporated into his contract of employment by a term of that contract.
In Ali and others v Christian Salvesen Food Services plc the EAT holds that a contract of employment, which provided that overtime payments would be made only when the employee had worked more than the annualised hours total of 1,824 hours in the working year, contained an implied term entitling the employee, whose employment terminated several months before the end of the working year, to overtime payments in certain circumstances.
Where there is a generally established custom and practice of collective bargaining over an issue, an employer cannot circumvent its statutory duty to disclose certain information to recognised trade unions simply by making a unilateral declaration that it will not negotiate or bargain on a particular occasion, declares the Central Arbitration Committee in HM Prison Service and the Prison Officers' Association.
Where it had been the practice over many years for an employer to apply the rates of pay agreed in national negotiations between the industry's employers' association and certain trade unions, those terms were implied into the contracts of employment of individual employees, holds the EAT in Arthur H Wilton Ltd v Peebles and others.
In Kowalska v Freie und Hansestadt Hamburg (27 June 1990) EOR34B, the European Court of Justice holds that the exclusion of part-time workers from the right to severance payments under the collective agreement for the West German public services contravenes Article 119 of the EEC Treaty unless the employer shows that the provision is justified by objective factors.
In R v Central Arbitration Committee ex parte Norwich Union (8.6.88) EOR22C, the Queen's Bench Division (Mr Justice Rose) rules that the CAC exceeded its powers under the now repealed s.3 of the Equal Pay Act 1970 in acting upon the basis that it had jurisdiction under EEC law to amend a collective agreement which indirectly discriminated against women.
HR and legal information and guidance relating to collective agreements.