USDAW v Tesco Plc Posted In: Case Law
Decision NumberCiv 978
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionContracts of Employment, Collective and Trade Union Issues
The claimant, a trade union, is recognised by the defendant for the purposes of collective bargaining. An 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 role. In 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 removed. If the employees failed to accept that then they would be
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