EAT CONTRACT OF EMPLOYMENT
Whether established
Implied term/variation/construction of term
The Employment Tribunal erred in holding that the agreement reached between the Respondent and Trade Unions for the third year of a three year pay deal was not legally enforceable because it gave the employer two options for the pay increase to be awarded with no agreement as to which took precedence. The Employment Tribunal wrongly held that the agreement for the third year was an agreement to agree or to negotiate. The Employment Tribunal did not err in holding that on its construction the Collective Agreement did not provide a guarantee that the pay increase in the third year, 2009, would be no less than 2.5%. The Claimants’ appeal from the dismissal of their claims under section 23 of the Employment Rights Act 1996 for unlawful deduction of wages was dismissed.
Judges:
Slade J
Citations:
[2012] UKEAT 0505 – 11 – 1907
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.463159