Jurisdiction(s):
United Kingdom

UK Supreme Court: rectification of collective agreements incorporated into employment contracts; employees are proper defendants; employment tribunals may treat documents as rectified (Unite v Nexus)

Published on: 14 November 2024

Published by a LexisNexis Employment expert

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Article summary

Unite the Union and another v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37

Background to the appeal

This appeal concerns whether the written memorandum or record of a collective agreement—intended not to create legal obligations—can be corrected by rectification, and likewise whether employment contracts that import the provisions of such a collective agreement are themselves susceptible to rectification. It further poses issues about who the proper claimants and defendants should be in proceedings of this kind, as well as whether an employment tribunal possesses jurisdiction to determine them. The Tyne and Wear Passenger Transport Executive, commonly referred to as Nexus, runs the Tyne and Wear Metro. Nexus commenced proceedings against two autonomous trade unions acknowledged as entitled to conduct collective bargaining on behalf of its workforce and employees. Those unions are the National Union of Rail, Maritime and Transport Workers and Unite the Union (together, the Unions). Although the collective agreements struck between Nexus and the Unions are not meant to be legally binding, the individual contracts of employment between Nexus and its staff include a term that imports the provisions of those collective agreements as contractual terms of service governing their day-to-day employment arrangements therein...

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