Martyres v. Connex South Eastern Ltd [2000] UKEAT 834_99_2405 (24 May 2000)

Martyres v. Connex South Eastern Ltd [2000] UKEAT 834_99_2405 (24 May 2000)

There was a collective agreement binding on all staff, including the applicant, and no unlawful deduction occurred as payment by credit transfer was within the scope of the agreement.

Citation
[2000] UKEAT 834_99_2405
Parties
Applicant: Appellant; Employer: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 May 2000
Procedural Posture
Employment Appeal / Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
Unlawful Wage Deductions, Collective Agreements, Contractual Variation, Trade Union Negotiations
Employment Law Unlawful Wage Deductions Collective Agreements Contractual Variation Trade Union Negotiations

Case Brief

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Parties

Appellant

Applicant

Respondent

Employer

Procedural Posture

Employment Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether silence and inactivity by a trade union can amount to acceptance of an offer by conduct
  2. 2 Whether conduct by the trade union outside the agreed negotiation procedure can create a binding collective agreement
  3. 3 Whether payment by credit transfer without express agreement constitutes an unlawful deduction

Ratio Decidendi

There was a collective agreement binding on all staff, including the applicant, and no unlawful deduction occurred as payment by credit transfer was within the scope of the agreement.

Court Disposition

Appeal dismissed

Orders

  • Decision of Employment Tribunal upheld
  • No unlawful deduction found