Stewart v Moray Council [2006] IRLR 592
Judgement for the case Stewart v Moray Council
Table Of Contents
Defendant received a request to negotiate an agreement from between 10% and 40% of its employees.
The council took the view that various collective agreements in place together amounted to a pre-existing agreement, and duly decided to hold a ballot under Reg. 8.
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EAT held that the agreement insufficiently detailed the way the council should inform and consult employees (condition for pre-existing agreement).
The agreement stated that it was ‘a forum for discussion and / or consultation on a range of matters not subject to national bargaining’.
Hence the council wasn’t entitled to hold a ballot and instead had to start on negotiations.
NB EAT also said that both the whole overall agreement, as well as those individual ones comprising it, had to satisfy the 4 conditions.
For Further Study on Stewart v Moray Council
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