Unite the Union and another v Tyne and Wear Passenger Transport Executive
Did the Court of Appeal err in:
- holding that rectification is not available for a collective agreement which is not intended to be a legally enforceable contract;
- refusing to allow the claim to be amended;
- holding that an employment tribunal has power to reject a complaint on the grounds of rectification;
- holding that it would be an abuse of process to raise rectification in respect of past complaints and/or that a claim for rectification was estopped; and
- its holding on privity of interest.
The High Court rejected the Unions’ arguments and dismissed the strike-out and summary judgment applications. On appeal, the Court of Appeal ruled in favour of the Unions. Nexus now seeks permission to appeal to the Supreme Court.“The lawyer’s truth is not Truth, but consistency or a consistent expediency.”
Henry D. Thoreau
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