''National Union of Gold, Silver, and Allied Trades v Albury Brothers Ltd''
979
Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
ICR 84 is a
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case, concerning
collective bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
.
Facts
Albury Brothers Ltd was a member of a British jewellers association which negotiated terms and conditions for workers across the industry. The
National Union of Gold, Silver, and Allied Trades alleged that rates through the collective agreement were not being observed. Albury Brothers Ltd wanted to make some employees redundant. The employees it had selected had just become union members.
Judgment
Lord Denning MR
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
held that if a union had been recognised, even though Albury Brothers Ltd had never dealt with the union before, then it should have observed the statutory procedure for handling redundancies. If there was no recognised union, the employer is under no obligation. Recognition requires conduct that is ‘sufficiently clear and distinct’. Simply approaching a union official about a letter is not implicit indication of recognition, and merely mentioning collective bargaining issues in conversation is not enough. Negotiation is needed.
See also
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
Notes
{{reflist, 2
References
*
United Kingdom labour case law
Court of Appeal (England and Wales) cases
1979 in United Kingdom case law