Stewart v Moray Council [2006] IRLR 592

Defendant received a request to negotiate an agreement from between 10% and 40% of its employees.

The council took the view that various collective agreements in place together amounted to a pre-existing agreement, and duly decided to hold a ballot under Reg. 8.

EAT held that the agreement insufficiently detailed the way the council should inform and consult employees (condition for pre-existing agreement).

• The agreement stated that it was ‘a forum for discussion and / or consultation on a range of matters not subject to national bargaining’.

• Hence the council wasn’t entitled to hold a ballot and instead had to start on negotiations.

NB EAT also said that both the whole overall agreement, as well as those individual ones comprising it, had to satisfy the 4 conditions.