Union went all the way to highest court in the country to fight for members' pay
The UK’s highest court, the Supreme Court, has ruled in favour of trade union members employed by the transport company Nexus on the Tyne and Wear Metro
The case was argued on behalf of Unite and the RMT concerning workers’ pay. The Supreme Court’s judgment stems from a long-running dispute over Nexus’s interpretation of a 2012 agreement with Unite, RMT and other unions, in which a productivity bonus was incorporated into employees’ basic pay.
Employees argued that this adjustment should have increased their shift allowances, calculated on basic pay. Nexus disagreed, leading to years of litigation. In the initial employment tribunal, Nexus was found to have underpaid employees by not reflecting the increase in shift allowance, but Nexus subsequently sought to rectify the original agreement to avoid these liabilities.
Unite general secretary Sharon Graham, commenting on the legal victory, said: "This has been a complicated and long running legal dispute on behalf of Nexus workers. Our victory at the Supreme Court shows not only that we were right all along but that Unite will take the fight, on behalf of its members, all the way to the highest court in the land where necessary.
"This is a legal precedent that will be incredibly important to the wider union movement. This is a vindication for our members who would not allow their employer to pick their pockets."
This Supreme Court decision underscores that Nexus cannot use rectification of the 2012 agreement to avoid previously determined wage claims. It also establishes a precedent that employers must address those claims directly with affected employees rather than solely with unions if they seek to rectify terms that affect individual employee contracts.