Anderson & Ors v London Fire & Emergency Planning Authority

Anderson & Ors v London Fire & Emergency Planning Authority

The 2009 pay clause, properly construed, entitled employees to a minimum 2.5% increase or NJC plus 1%, whichever was greater, as this interpretation alone made industrial sense and reflected the parties' intention for a three-year binding deal.

Source-derived case information.

Parties
Appellant: Ms Anderson & ors; Appellant: Mr Philips & ors; Respondent: London Fire & Emergency Planning Authority
Jurisdiction
England and Wales
Judgment Date
11 April 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Collective Agreements, Incorporation Into Contracts, Contractual Interpretation, Pay Disputes
Employment Law Contract Law Collective Agreements Incorporation Into Contracts Contractual Interpretation Pay Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Anderson & ors

Appellant

Mr Philips & ors

Appellant

London Fire & Emergency Planning Authority

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 2009 pay provision in the collective agreement was contractually enforceable
  2. 2 Proper construction of the 2009 pay clause
  3. 3 Whether the clause was void for uncertainty or amounted to an agreement to agree

Ratio Decidendi

The 2009 pay clause, properly construed, entitled employees to a minimum 2.5% increase or NJC plus 1%, whichever was greater, as this interpretation alone made industrial sense and reflected the parties' intention for a three-year binding deal.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • Employees are entitled to a 2.5% pay increase for 2009 under the contract.