King’s Bench Division
Smith and others
v
Revenue and Customs Commissioners
[2022] EWHC 3188 (KB)
2022 July 6, 7;
Dec 13
Freedman J
EmploymentContract of employmentIncorporation of termsTrade union receiving employees’ subscriptions directly from employer through “check-off” arrangement whereby deductions made from salariesEmployer ending arrangementWhether employees having contractual entitlement to check-offWhether employer entitled to withdraw arrangement without agreementWhether in continuing to work employees accepting loss of right to check-offWhether trade union as third party able to enforce provision against employer Contracts (Rights of Third Parties) Act 1999 (c 31), s 1
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