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England and Wales decisions
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The EAT dismissed an overtime pay appeal, holding the Staff Handbook did not apply to drivers and limiting the case to the pleaded issues and agreed list.
The UK Supreme Court held that the Public and Commercial Services Union could enforce check-off terms in individual employment contracts under the 1999 Act.
The claimants' claims are hopeless and disclose no reasonable grounds for bringing the claim. There is no duty of care, no breach of fiduciary duty, no actionable breach of statutory duty, no breach of contract, and no civil cause of action for alleged illegal use of union funds. The High Court lacks jurisdiction over the alleged statutory breaches. The claims have no real prospect of success and are struck out under CPR 3.4(2) and/or summary judgment is granted under CPR 24.3.
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The Supreme Court held that a mistaken collective agreement may be rectified if it affects contractual rights, but Nexus sued the wrong defendants and the claim against the unions failed.
Crabb & Ors v TUI Airways Ltd [2024] EWHC 2589 (KB) (17 September 2024)
The High Court held that pilots’ PHI benefits were validly varied by collective agreement with BALPA, and that TUI did not breach trust and confidence.
The Supreme Court held that Tesco could not use dismissal on notice to remove retained pay promised as a permanent contractual entitlement.
The Court held that the judges below were entitled to find that the individual claimants had not accepted the variation of their contracts by continuing to work after the withdrawal of check-off arrangements. However, the Court found that, on a proper construction of the employment contracts, the parties did not intend the check-off term to be enforceable by PCS as a third party under the Contracts (Rights of Third Parties) Act 1999, given the context and nature of the provision. Therefore, PCS could not enforce the check-off term.
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Nistor & Anor v Union of Shop, Distributive and Allied Workers (USDAW) [2024] EWHC 1165 (KB) (16 May 2024)
The High Court struck out a claim by two USDAW members against the union, holding their negligence, fiduciary, statutory and contract claims were hopeless.
Tyne and Wear Passenger Transport Executive (Trading As Nexus) v National Union of Rail, Maritime and Transport Workers & Anor [2022] EWCA Civ 1408 (27 October 2022)
The Court of Appeal held that Nexus could not rectify a non-binding collective agreement against the unions; any rectification claim had to be brought against employees.
The Court of Appeal held that Nexus could not seek rectification of a non-binding collective agreement against the unions, and was barred from relying on rectification for the Anderson claimants' past deductions.
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