Employment law cases

All items: Collective employee relations

  • Contracts of employment: "Annualised hours" contract contained implied term on overtime pay

    1 September 1995

    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.

  • Judicial review: Pit closures without use of review procedure were unlawful

    15 February 1993

    British Coal had a statutory obligation to use a review procedure agreed with the trade unions in relation to proposed pit closures, holds the High Court in R v British Coal Corporation and Secretary of State for Trade and Industry ex parte Vardy and others.

  • London Ambulance Service v Charlton and others

    1 November 1992

    In London Ambulance Service v Charlton and others [1992] IRLR 510 EAT, the EAT held that the Industrial Tribunal had not erred in law in holding that the respondent union officials had met the requirements for paid time off under the Employment Protection (Consolidation) Act, section 27(1)(a) in respect of their attendance at a meeting of a committee set up by the union to coordinate the activities of its district committees within the London Ambulance Service.

  • Industrial action: Mere presence of pickets can be inducement to breach contract

    29 November 1988

    In Union Traffic Ltd v Transport and General Workers' Union and others, the Court of Appeal holds that, in certain circumstances, the mere presence of pickets can constitute an inducement of those seeking to cross the picket line to break their contracts of employment and so be unlawful.

  • Transfer of undertakings: Consultation over business transfers

    4 August 1987

    In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.

  • Industrial action: Employer entitled to deduct pay for industrial action

    31 March 1987

    Workers who are on strike, or who, by way of industrial action, refuse to carry out their duties, are not entitled to be paid unless the employer accepts such work as is performed during industrial action as complete performance of the worker's duties. So holds the House of Lords in Miles v Wakefield Metropolitan District Council, rejecting Mr Miles' claim for wages in respect of a period of industrial action.

  • Contracts of employment: Incorporation into employment contracts

    5 August 1986

    Many collective agreements state that they are to be "binding in honour only". In Marley v Forward Trust Group Ltd the Court of Appeal holds that this applies between the parties to the agreement, ie the union and employer, and does not affect the legal enforceability of terms of collective agreements which are incorporated into contracts of employment of individuals.

  • Transport & General Workers' Union v Ledbury Preserves (1928) Ltd

    1 October 1985

    In Transport & General Workers' Union v Ledbury Preserves (1928) Ltd [1985] IRLR 412 EAT, the EAT held that in a potential redundancy situation there must be "sufficient meaningful" consultation before notices of dismissal are sent out.

  • Industrial action: Injunctions restraining unlawful picketing

    2 April 1985

    In what was perhaps the most significant of all the cases arising out of the miners' dispute, Thomas & others v National Union of Mineworkers (South Wales Area) & others, the High Court grants injunctions restraining picketing of colliery gates in numbers greater than six.

  • Industrial action: POEU dispute not related mainly to redundancy fears

    6 December 1983

    The Employment Act 1982 narrowed the definition of a trade dispute so that a dispute must now relate wholly or mainly to one of the specified matters. In Mercury Communications Ltd v Scott-Gamer and The Post Office Engineering Union, the Court of Appeal examines documents and letters written on behalf of the union and concludes that the POEU probably could not show that the dispute arose from fear of redundancies rather than from its political objections to the Government's policies.

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Employment law cases: HR and legal information and guidance relating to collective employee relations.