Kaur v MG Rover Group Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 2004 |
| Date | 17 November 2004 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Brooke, Lord Justice Jonathan Parker and Lord Justice Keene
Industrial relations - collective agreement between employer and trade union - whether contract of employment contains agreement terms
In considering a collective agreement between an employer and a trade union, which was expressly incorporated by general words, it was necessary when asking whether such document, or a part of it, was incorporated into a contract of employment to consider, in conjunction with the words of incorporation themselves, whether any particular part of the document was apt to be a term of the contract.
The Court of Appeal so held in a reserved judgment allowing the appeal of MG Rover Group Ltd, the defendant, and dismissing the cross-appeal of Mrs Kulvinder Kaur, the claimant, arising out of a decision of Judge Alton ((2004) IRLR 279), sitting as a Queen's Bench Division judge at Birmingham, in which she refused declaratory relief in respect of one of two collective agreements but granted it in respect of the other, finding certain parts of the agreement incorporated into the contract of employment and declaring that the claimant could not be made compulsorily redundant.
Mr James Goudie, QC and Mr Akhlaq Choudhury for the company; Mr Brian Langstaff, QC and Mr Jason Galbraith-Marten for the claimant.
LORD JUSTICE KEENE said that, when dealing with collective agreements made between an employer and trade union, there might well be certain provisions which were clearly not intended to give rise to legally enforceable contractual rights between the employer and the individual employee.
In considering a collective agreement...
To continue reading
Request your trial
-
Malone and Others v British Airways Plc
...J, as he then was, in National Coal Board v National Union of Mineworkers [1986] ICR 736, [1986] IRLR 439 and those of Keene LJ in Kaur v Rover Group Limited [2005] IRLR 40. In the National Coal Board case starting at page 772C to 773F, Scott J set out and then accepted the submissions of ......
-
Maureen Sparks (1st Claimant) Helen Morgan (2nd Claimant) Paul Williams (3rd Claimant) Nick Ling (4th Claimant) David Macbeth (5th Claimant) Murray Collins (6th Claimant) Gary Washer (7th Claimant) v Department for Transport
...and others v Standard Telephones and Cables Limited (No.2) [1991] IRLR 286 per Hobhouse J, as he then was, at paragraph 31; and Kaur v MG Rover Group Limited [2005] IRLR 40 CA per Keene LJ with whom Brooke and Jonathan Parker LJJ agreed……It is necessary to consider in their respective con......
-
Independent Workers Union of Great Britain v Central Arbitration Committee and another
...v Standard Telephones & Cables Ltd (No 2) [1991] IRLR 286, para 31 and approved by the Court of Appeal in Kaur v MG Rover Group Ltd [2005] ICR 625, at para 76 The issue is whether article 11 requires the United Kingdom to go beyond that current position and to enact legislation conferring o......
-
Martin Cavanagh and Others v Secretary of State for Work and Pensions
...which was relevant on the facts of D'Silva). It has also been applied in later decisions of the Court of Appeal: for example, in Kaur v MG Rover Group Limited [2005] IRLR 40, and in Keeley v Fosroc International Limited [2006] EWCA Civ 1277; [2006] IRLR 961 (see further, below). 34 That ex......
-
Staffing Arrangements Not Incorporated Into Individual Contracts
...it rejected the reasons given by the Trial Judge (Butterworth J). Referring to NCB v NUM [1986] IRLR 439 and Kaur v Rover Group Limited [2005] IRLR 40 the Court recognised that it had to distinguish between those terms "which are of their nature apt to become enforceable terms of an individ......
-
Edwards v Chesterfield Royal Hospital – Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure
...was distinguished: the contract in thecase at hand did not contain an exhaustive list of grounds of dismissal).59 Kaur vMG Rover Group [2005] IRLR 40 at [24–26].60 Edwards n 1 above at [105].Damages for Wrongful Dismissal© 2013 TheAuthor.The Moder n Law Review© 2013 The Modern Law Review Li......