Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002

The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary.
Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether there had been a TUPE transfer. The directive referred to a change in employer, the Regulations referred to a transfer. The fixed term had not been varied by the compromise agreement so as to allow him to continue to serve without re-election. The declaration was granted.

The Vice-Chancellor
[2002] EWHC 1642 (Ch)
Trade Union and Labour Relations (Consolidation) Act 1992 92, Council Directive 79/7/EEC, Council Directive 2001/23/EC
England and Wales
CitedHeaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union HL 1972
Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local . .
CitedJacques v AUEW 1987
Warner J said: ‘The effect of the authorities may I think be summarised by saying that the rules of a trade union are not to be construed literally or like a statute, but so as to give them a reasonable interpretation which accords with what in the . .
CitedRegina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .

Cited by:
CitedUnison v Allen and others EAT 26-Jul-2007
EAT Equal pay Act – Out of time
The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with . .

Lists of cited by and citing cases may be incomplete.


Updated: 11 December 2021; Ref: scu.174453