Source: All England Reporter
Publisher Citation: [2002] All ER (D) 322 (Mar)
Court: Court of Appeal, Civil Division
Judge:

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

Catchwords

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.

The Case

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