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 lawyer’s truth is not Truth, but consistency or a consistent expediency.”
Henry D. Thoreau

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.

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