Hay & Ors v Gilgrove Ltd & Anor

Hay & Ors v Gilgrove Ltd & Anor

The 1974 agreement's references to 'porters' were descriptive of the then qualification for the job, not a qualifying condition for entitlement to porterage. In changed circumstances where unregistered porters are lawfully employed, porterage earned by all porters cannot be shared exclusively by registered porters. The Employment Appeal Tribunal's interpretation was correct.

Parties
Appellants: Garry Hay and Others; Respondent: Gilgrove Limited; Respondent: C&C Fruit & Veg Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Unauthorised Wage Deductions, Collective Agreements, Contractual Interpretation, Porterage Entitlement
Employment Law Unauthorised Wage Deductions Collective Agreements Contractual Interpretation Porterage Entitlement

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Parties

Garry Hay and Others

Appellants

Gilgrove Limited

Respondent

C&C Fruit & Veg Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether registered porters are exclusively entitled to share in porterage earned by all porters, including unregistered porters
  2. 2 Interpretation of the 1974 collective agreement regarding porterage entitlement

Ratio Decidendi

The 1974 agreement's references to 'porters' were descriptive of the then qualification for the job, not a qualifying condition for entitlement to porterage. In changed circumstances where unregistered porters are lawfully employed, porterage earned by all porters cannot be shared exclusively by registered porters. The Employment Appeal Tribunal's interpretation was correct.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Employment Appeal Tribunal's decision upheld.