National Union of Rail, Maritime and Transport Workers v Tyne & Wear Passenger Transport Executive t/a Nexus [2024]

Background:

An agreement was reached between the two parties, one being an employer and the other being a recognised trade union. The agreement related to productivity bonuses and that they would be consolidated into basic pay. One of the Unions involved subsequently brought a claim stating that the letter of agreement outlined that they were entitled to an enhanced shift allowance and, in turn, the failure to pay the enhanced shift allowance amounted to an unlawful deduction from wages.

The Employer also brought proceedings stating that there should be rectification of the agreement on the basis of mistake. They argued that it was not within the parties’ intentions to provide for an