Contract of Employment; Unlawful Deduction of Wages; Jurisdictional/Time Points
Where an employer offers new terms and conditions of employment after a process of collective bargaining and then intimates its intention to impose the revised terms on all those who have not accepted the revised terms and conditions, any employee proposing to challenge the new terms and conditions must do so before the end of 3 months of the date(s) of the offer; see s. 145C of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’). Held A letter intimating an intention to impose new terms and conditions should not be treated as an offer for the purposes of s. 145C. A claim made within 3 months of such a letter but more than 3 months after the initial letter of offer was accordingly out of time.
[2021] UKEAT 0084 – 21 – 2707
Bailii
England and Wales
Updated: 27 October 2021; Ref: scu.667949