Collective agreements

Case 1: The facts

Ms Ackinclose and her colleagues worked for the school meals service, and their employment was transferred when this was contracted out to a private company. Five years later, they were transferred back to the council, but during that time, the collective agreement governing their terms and conditions had been abolished and replaced with a new agreement relating to all staff.

Ackinclose and others argued that the new agreement should also apply to them, and that they should receive a pay rise that had been awarded during that time.

The ruling

The Employment Appeal Tribunal (EAT) held that it was only the original agreement that had been incorporated into their contract; their terms and conditions could not be determined by any other agreement or document. In addition, the terms of the collective agreement did not apply to contracted-out employees.

Ackinclose & others v Gateshead Metropolitan BC UKEAT/0087/04