EAT: Unilateral imposition of a pay rise outside collective
bargaining was an unlawful offer.
It seems we are heading into a further period of uncertainty for
employers and employees characterised by tough negotiations and
consultations on pay, benefits and job security. In these difficult
times, it is vital that good relationships are nurtured and
transparent communication between employers, unions and staff is
prioritised.
Employers with recognised trade unions, or where unions are
seeking recognition, should also be aware of the significant legal
risks of bypassing union negotiations on terms which are to be
determined by collective bargaining.
We reported in November 2021 on the Supreme Court's decision
in the case of Kostal UK Ltd v Dunkley and
others. For more detail, please see our
article:
Employers should exhaust collective bargaining procedures before
making direct offers to workers (available on our
website).
