Do trade unions have a monopoly position when changing collective terms?
Trade unions are increasingly using a relatively unknown provision in the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA) in negotiations with employers over changes to collectively agreed terms and conditions of employment. With three tribunal cases in less than 12 months, involving potential compensation in the hundreds of thousands, employers need to be aware of the issues involved and how to respond.
Section 145B of TULRCA provides that a worker who is a member of an independent trade union that is recognised, or seeking to be recognised, by his or her employer has the right not to have an offer made to him or her that would result in any of his or her terms and conditions no longer being determined by collective bargaining.
The financial penalty for a breach of section 145B is £3,600 for each claimant union member receiving the offer. For large employers, such as education institutions, such penalties can therefore be substantial. In addition, there are conflicting statutory provisions over whether any changes made relying on such an offer are enforceable. Finally, dismissals as a consequence of rejecting an offer that contravenes section 145B are automatically unfair…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
Eversheds’ retail finance briefing is designed to keep you up to date with the latest legal, regulatory and industry developments affecting the retail finance industry.
Welcome additional form of protection for financial institutions and their employees.
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all