A Northern rail operator has presented its appeal application to the Supreme Court over a dispute with transport worker unions.
The highest court in the UK has listened to the Tyne and Wear Passenger Transport Executive (trades as Nexus), which operates the Tyne and Wear Metro.
The executive body is appealing a decision to the Supreme Court against the National Union Rail, Maritime and Transport Workers (RMT) headed by Mick Lynch and Unite the Union.
This legal proceedings is a sequel to an earlier claim brought against Nexus by a group of employees which went to the Employment Tribunal over pay.
The background to that proceedings was that a collective agreement had been reached between the Unions and Nexus. In the letter of agreement, Nexus agreed to consolidate a pre-existing entitlement referred to as a ‘productivity bonus’ into the basic pay of the employees.
In the previous proceedings the employees successfully argued that their shift allowances were supposed to be calculated as a percentage uplift of their basic salary including the productivity bonus. As Nexus had been calculating shift allowances on an unenhanced basis, the employees’ shift allowances had been underpaid.
As a result, Nexus brought a claim to rectify the letter agreement for common mistake or alternatively unilateral mistake.
The union have argued Nexus is stopped from pursuing its rectification claim since Nexus did not advance the mistake case in the previous proceedings.
The High Court rejected the Unions’ arguments and dismissed a summary judgment application. However, the Court of Appeal ruled in favour of the Unions.
This has resulted in Nexus seeking permission to appeal to the Supreme Court. All parties were at a hearing on Tuesday in front of Lord Lloyd-Jones, Lord Sales, Lord Leggatt, Lord Burrows, Lady Simler.
A judgment on the matter will be handed down in due course.
Nexus declined to comment. RMT were approached for a comment.