This week's case round-up from Eversheds, covering collective agreements.
In Stewart v Moray Council  IRLR 168, the Central Arbitration Committee held that an employer's existing arrangements for informing and consulting employees did not satisfy all the criteria for a 'pre-existing agreement' within the meaning of the Information and Consultation of Employees Regulations 2004.
Stewart v Moray Council (IC/3/2005) is the first reported case from the Central Arbitration Committee (CAC) on the Information and Consultation of Employees Regulations 2004.
In International Transport Workers' Federation and another v Viking Line ABP and another, the Court of Appeal holds that the High Court had been wrong to grant permanent injunctions to Viking Line APB to restrain the International Transport Workers' Federation and the Finnish Seamen's Union from taking industrial action to attempt to prevent the re-flagging of a Finnish ferry to Estonia.
In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.
In Cook v Diageo, the EAT holds that the wording of the employees' contracts and a collective agreement, given its ordinary meaning, did not require statutory or occasional holidays to be fixed only by reference to local public holidays set by local authorities or chambers of commerce.
Sally Logan and Polly Meudell of Addleshaw Goddard bring you comprehensive update on the latest decisions that could affect your organisation and provide advice on what to do about them.
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.
In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.
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.
HR and legal information and guidance relating to collective bargaining and agreements.