Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers

Subject Matter

CONTRACT — Rectification — Collective agreement

[2021] EWHC 1388 (Ch), Ch D

EMPLOYMENT — Contract of employment — Rectification — Employees claiming unfair deduction of wages contrary to terms of collective agreement incorporated into contracts of employment — Employment tribunal upholding claims but deferring quantification of deductions — Employer bringing claim against unions seeking rectification of agreement for mistake — Whether employer estopped from pursuing rectification claim — Whether agreement to be rectified — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 179(1)

[2022] EWCA Civ 1408; [2023] ICR 148; [2023] IRLR 235; [2022] WLR(D) 421, CA

EMPLOYMENT — Contract of employment — Rectification — Employer and unions entering into collective agreement — Employees’ contracts incorporating terms of agreement but agreement itself not legally enforceable — Employer bringing claim against unions seeking rectification of agreement on grounds of mistake — Whether employer should have sought rectification of employees’ contracts — Whether agreement rectifiable — Whether unions correct defendants to claim — Whether employment tribunal having power to order rectification — Employment Rights Act 1996 (c 18), ss 13, 23(1)(a), 24

[2024] UKSC 37; [2025] AC 1222; [2024] 3 WLR 909; [2025] ICR 153; [2025] 2 All ER 205; [2025] IRLR 140; [2024] WLR(D) 495, SC(E)

Appellate History

Commentary

3PB Barristers
The contractual doctrine of mistake – is a mistake always a mistake? Case comment