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TRADE UNIONS: Not what you’d bargained for

04 September 2015  

Sarah Fitzpatrick throws some light on a little used legal provision which has potentially huge significance for employers with collective bargaining agreements with unions

Picture the scene: an employer is proposing to change terms and conditions across a large workforce. There is a union recognition agreement giving independent trade unions collective bargaining rights. The employer engages in meaningful consultation with the unions. So far, so good. However, they simply can’t reach agreement on the change of terms. So what does the employer do now? Stick to the status quo, with employment continuing on the same terms and conditions which the employer sought to change? Or seek to secure agreement by issuing the terms directly to the individuals?

Additional Info

  • Case(s) Referenced:

    Bugden and ors v London Borough of Bromley (2014) ET Case No 2360959/13

    Whitaker v Buckinghamshire County Council (2013) ET Case No 3300720/2013

    Wyer v Pembrokeshire County Council (2014) Case number: 1601425/2013