The claimant appealed against rejection of his claim that the respondent had broken his contract of employment as a prison officer by changing the collective agreement for prisons officers. The judge had found that the respective terms were not incorporated into his contract.
Held: The appeal failed. It was difficult to extract from the Bulletin or Appendix referred to any intention that anything in it was intended to be individually enforceable by employees. It was intended to provide no more than general guidance as to the local arrangements that should be made.
Judges:
Maurice Kay LJ, VP, Rimer, Jackson LJJ
Citations:
[2013] EWCA Civ 324, [2013] WLR(D) 144
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Young v Canadian Northern Railway Company PC 25-Nov-1930
Manitoba – Collective agreements have a function and value of their own which exists wholly independently of any individual contract of employment. Lord Russell referred to a ‘Wage Agreement’ entered into between the appellant’s trade union and the . .
Cited – National Coal Board v Galley CA 1958
A colliery deputy was in breach of contract by refusing over several months to work on Saturdays. His refusal was part of wider industrial action involving several other deputies. Although the combined effect of the refusal to work by the defendant . .
Cited – Alexander v Standard Telephones and Cables Ltd (No. 2) 1991
alexander_standard1991
The court considered under what circumstances a collective agreement between an employer and trades unions would be incorporated into an individual employee’s contract: ‘The so-called ‘normative effect’ by which it can be inferred that provisions of . .
Cited – Kaur v MG Rover Group Ltd CA 17-Nov-2004
The applicant was employed by the respondent who had a collective agreement with a trade union.
Held: Not all elements of the collective agreement need be intended to be legally enforceable. She complained that the collective agreement would . .
Cited – Malone and Others v British Airways Plc CA 3-Nov-2010
The court was asked to consider whether the express incorporation into contracts of employment of the terms of a collective agreement resulted in a particular such term that impacted upon working conditions being individually enforceable by the . .
Lists of cited by and citing cases may be incomplete.
Employment, Prisons
Updated: 17 November 2022; Ref: scu.472635