Kaur v MG Rover Group Ltd
Encyclopedia
Kaur v MG Rover Group Ltd [2004] EWCA 1507 is a UK labour law case concerning the contract of employment. It held that promises to make no compulsory redundancies in a collective agreement were "aspirational" and not apt for being incorporated into individual contracts of employment. This meant that, aside from the collective agreement being unenforceable under TULRCA 1992 section 179, the promises to employees could be broken.
Her work place collective agreement was called ‘The Way Ahead Partnership Agreement’ signed in 1997, which in ‘Job Security 2.1.’ said the fllowing.
Mrs Kaur was threatened with redundancy in 2003. She claimed an injunction against being dismissed.
Jonathan Parker LJ and Brooke LJ agreed.
Facts
The car manufacturer, MG Rover was in trouble. Mrs Kaur’s contract said,Her work place collective agreement was called ‘The Way Ahead Partnership Agreement’ signed in 1997, which in ‘Job Security 2.1.’ said the fllowing.
Mrs Kaur was threatened with redundancy in 2003. She claimed an injunction against being dismissed.
Judgment
Keene LJ said that even when there were express words, the question was whether the context and character of the agreement made them apt for incorporation into individual contracts. Therefore the agreement was not intended to create individual rights.Jonathan Parker LJ and Brooke LJ agreed.
See also
- UK labour law
- Employment contract in English lawEmployment contract in English lawAn employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of...
- Autoclenz Ltd v BelcherAutoclenz Ltd v BelcherAutoclenz Ltd v Belcher [2011] is a significant UK labour law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals...
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