All items: Employee relations

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  Ackinclose and others v Gateshead Metropolitan Borough Council [2005] IRLR 79 EAT (1 report relating to this case)

  • Contracts of employment: Transferees' contracts did not incorporate fresh collective bargain

    Date:

    11 February 2005

    In Ackinclose and others v Gateshead Metropolitan Borough Council, the Employment Appeal Tribunal held that local authority employees contracted out to the private sector were not entitled to pay increases introduced under a new collective bargaining agreement, known as the Green Book.

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  Adams and others v British Airways plc [1995] IRLR 577 HC (1 report relating to this case)

  • Contracts of employment: Airline breached pilots' seniority rights

    Date:

    1 January 1996

    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.

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  Adams and others v British Airways plc [1996] IRLR 574 CA (1 report relating to this case)

  • Contracts of employment: Collectively agreed seniority provision did not apply on merger

    Date:

    15 August 1996

    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.

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  Advocate General’s opinion in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ (1 report relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • Advocate General suggests that TUPE law can allow transferor's pay agreement to survive transfer

    Date:

    25 February 2013

    The Advocate General has taken the view that the TUPE Regulations can be given a "dynamic" interpretation, suggesting that UK law can permit the survival after transfer of a pay increase negotiated under a collective agreement signed by the transferor before the transfer. 

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  AEEU v Scottish Courage Brewing Ltd Award no. 96/1 CAC (1 report relating to this case)

  • Collective bargaining: Employer required to disclose information on overtime working

    Date:

    1 November 1996

    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.

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  Ahmed and others v United Kingdom [1999] IRLR 188 ECHR (1 report relating to this case)

  • Ahmed and others v United Kingdom

    Date:

    1 March 1999

    In Ahmed and others v United Kingdom [1999] IRLR 188 ECHR, the European Court of Human Rights held that the Local Government Officers (Political Restrictions) Regulations 1990 did not breach the European Convention on Human Rights, since the interference with the employees' rights had been shown to be 'prescribed by law', in pursuance of one or more legitimate aims within the meaning of Article 10(2) of the Convention and was 'necessary in a democratic society' to attain them.

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  Aintree Hospitals NHS Trust v Reynolds [2003] All ER (D) 10 (Sep) EAT (2 reports relating to this case)

  • Sex discrimination: New pay terms for employees did not amount to indirectly discriminatory "requirement"

    Date:

    2 April 2004

    In Aintree Hospitals NHS Trust v Reynolds the EAT holds that an employment tribunal was wrong to find that an employee who was employed on the terms applicable to all those doing his work who, like him, were appointed after 1993 when the NHS Trust employer came into existence, suffered indirect sex discrimination.

  • Case round-up: equal pay comparators for transferred staff and unreasonable assessment of criteria in redundancy selection

    Date:

    23 September 2003

    This week's case round-up from Eversheds, covering: equal pay comparators for transferred staff; and unreasonable assessment of criteria in redundancy selection.

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  Alemo-Herron and others v Parkwood Leisure Ltd [2009] IRLR 322 EAT (2 reports relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: Transferee bound by collective agreements negotiated post-transfer

    Date:

    9 June 2009

    In Alemo-Herron and others v Parkwood Leisure Ltd [2009] 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.

  • Case of the week: TUPE covers public sector collective deals

    Date:

    17 March 2009

    This week's case of the week, provided by DLA Piper, covers TUPE transfers.

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  Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ (2 reports relating to this case)

  • TUPE: "Dynamic" contractual clauses derived from collective agreements not enforceable against transferee unable to participate in negotiations

    Date:

    31 December 2013

    In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.

  • TUPE transfers: "dynamic" pay clauses not enforceable against transferee

    Date:

    18 July 2013

    The European Court of Justice has held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

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  Ali and others v Christian Salvesen Food Services Ltd [1995] IRLR 624 EAT (1 report relating to this case)

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

    Date:

    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.