A collective agreement between employer and the recognised trades union was ‘inapt to become enforceable terms of an individual’s contract of employment.’ Such collective agreements may deal with the appropriate mechanisms for dealing with industrial disputes or for collective bargaining, matters patently not intended to be legally enforceable by the individual employee.
Judges:
Scott J
Citations:
[1986] IRLR 439, [1986] ICR 736
Cited by:
Cited – L T I Ltd v A R Radford EAT 19-Jul-2000
The employee had been selected for redundancy. He alleged that a collective agreement was incorporated into his contract of employment, which would put the employer’s methods of selection of employees for redundancy a breach of contract. The . .
Cited – South West Trains Ltd v Wightman and Others ChD 14-Jan-1998
The trades’ union had agreed with the employer that what had been irregular and non-pensionable payments made to employees would, in future, be paid regularly, but that only certain parts of the payments become pensionable. The employer now sought . .
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 – 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 – Wandsworth London Borough Council v D’Silva and Another CA 9-Dec-1997
The council wanted to change its Code of Practice on Staff Sickness. Employees objected. The Council argued that the Code was not part of the employment contract, and that in any event the contract reserved to the council the right to alter the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 April 2022; Ref: scu.183488