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Unions win as Supreme Court ‘strengthens the foundation of collective bargaining for all workers’

UNIONS hailed a “resounding” legal victory today after the Supreme Court ruled collective agreements cannot be altered without directly involving employees.

Transport company Nexus bid to retrospectively “rectify” a 2012 agreement with Unite, RMT and other unions over the Tyne and Wear Metro, in order to avoid liabilities, was thrown out.

Employees argued the agreement, which incorporated a productivity bonus into employees’ basic pay, should have increased their shift allowances. 

Nexus disagreed and its attempts to rectify the situation, after an initial employment tribunal found it had underpaid employees by failing to increase the allowances, were rejected by the court.

RMT general secretary Mick Lynch said:  “This is a resounding victory for workers across the country, and it sends a clear message to employers who think they can ride roughshod over collective bargaining agreements. 

“By ruling that collectively agreed terms, once embedded in individual contracts, cannot be altered without directly involving the affected employees, the court has limited employers from doing what they want on a whim. 

“Nexus tried to walk back on commitments it made to our members, but today’s decision proves that when we stand united, justice prevails. 

“This outcome not only protects the livelihoods of our members on the Tyne and Wear Metro but also strengthens the foundation of collective bargaining for all workers.”

Unite general secretary Sharon Graham said: “This has been a complicated and long-running legal dispute on behalf of Nexus workers.

“Our victory at the Supreme Court shows not only that we were right all along, but that Unite will take the fight, on behalf of its members, all the way to the highest court in the land where necessary.

“This is a legal precedent that will be incredibly important to the wider union movement.

“This is a vindication for our members who would not allow their employer to pick their pockets.”

Neil Guss, an employment lawyer at the unions’ legal representatives Thompsons Solicitors said: “This is a crucial decision for all workers relying on collectively bargained terms. 

“This decision provides security of employee pay and conditions under collective agreements.

“As the Supreme Court has highlighted in today’s judgment, collective agreements are binding once incorporated into individual contracts, ensuring workers’ rights cannot be easily rewritten."

Nexus was contacted for comment.

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