|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 322 (Mar)|
|Court:||Court of Appeal, Civil Division|
Pill, Longmore LJJ and Sir Martin Nourse
|Representation||Satvinder Juss (instructed by Ceres & Co) for the employees.|
|Irvine McCabe (instructed by Wagstaff & Co) for the employer.|
|Judgment Dates:||21 March 2002|
Employment - Contract of employment - Collective agreements - Trade union agreeing with employer changes in terms and conditions of work in anticipation of management buy-out - Trade union not holding ballot - Minority of employees not accepting changes, including reduction in wages, and continuing to work under protest - Employees bringing proceedings for unlawful deductions from wages - Employment tribunal finding employees not having affirmed changes to contract of employment - Employer appealing - Appeal tribunal finding new terms capable of incorporation into contracts of employment and remitting decision to employment tribunal - Whether appeal tribunal in error.