Aitchison & Ors v South Ayrshire Council [2011] ScotCS CSIH_72 (18 November 2011)

Aitchison & Ors v South Ayrshire Council [2011] ScotCS CSIH_72 (18 November 2011)

A collective grievance submitted by a trade union that specifies, in writing (including by electronic means), the names of employees who have, or might or should have, an equal pay grievance, satisfies Regulation 9(1)(b) of the 2004 Regulations. The regulation does not require the union to restrict the list to only those with an actual grievance at the time of submission. The use of a CD to communicate the list of names constitutes compliance with the requirement that the names be specified 'in writing'.

Citation
[2011] ScotCS CSIH_72
Parties
Claimants and Respondents: Caroline Aitchison and Others; Respondents and Appellants: South Ayrshire Council
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Court of Session (inner House, Extra Division)
Outcome
Appeal allowed (majority decision)
Legal Topics
Collective Grievance Procedure, Equal Pay, Statutory Grievance Requirements, Jurisdiction of Employment Tribunal, Specification of Claimants, Electronic Communication in Legal Process
Employment Law Collective Grievance Procedure Equal Pay Statutory Grievance Requirements Jurisdiction of Employment Tribunal Specification of Claimants Electronic Communication in Legal Process

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Parties

Caroline Aitchison and Others

Claimants and Respondents

South Ayrshire Council

Respondents and Appellants

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether the submission of a collective grievance by a trade union via a CD containing a list of members' names satisfies the statutory requirements under Regulation 9(1)(b) of the Employment Act 2002 (Dispute Resolution) Regulations 2004
  2. 2 Whether the names specified must be only those with an actual grievance or may include those who might or should have a grievance
  3. 3 Whether electronic communication (CD) constitutes 'in writing' for statutory purposes

Ratio Decidendi

A collective grievance submitted by a trade union that specifies, in writing (including by electronic means), the names of employees who have, or might or should have, an equal pay grievance, satisfies Regulation 9(1)(b) of the 2004 Regulations. The regulation does not require the union to restrict the list to only those with an actual grievance at the time of submission. The use of a CD to communicate the list of names constitutes compliance with the requirement that the names be specified 'in writing'.

Court Disposition

Appeal allowed (majority decision)

Orders

  • Decision of the Employment Appeal Tribunal overturned
  • Appeals remitted to the Employment Tribunal to proceed as accords