USDAW v Tesco Plc [2022]

Posted In: Case Law
  • Decision Number
    Civ 978
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Collective and Trade Union Issues
Issues covered: Fire and Rehire’; Injunctions; Collective Bargaining

The claimant, a trade union, is recognised by the defendant for the purposes of collective bargainingAn agreement was reached for retained pay (instead of a lump sum) and the defendant made it clear that the entitlement to retained pay would remain for as long as the employee was employed in their roleIn 2010 it was noted as a ‘permanent feature’ of the contractual entitlement which could only be changed through mutual consent, on promotion or a change to work patterns. 

In January 2021, the defendant stated it was removing retained pay with a lump sum being paid for the entitlement to be removedIf the employees failed to accept that then they would be

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This article is correct at 19/07/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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