Collective bargaining and agreements

New and updated

• Cases on appeal

  Type:

  Law reports

  Updated to reflect that the Court of Appeal will hear the appeals in Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police on 1 May 2019.

• High Court upholds Deliveroo self-employment and collective bargaining ruling

  Date:

  6 December 2018

  Type:

  News

  The High Court has held that Deliveroo riders are self-employed and cannot form a collective bargaining unit.

• The consequences of trade union recognition

  Type:

  Employment law manual

  Updated to include a link to the government website where data submitted by public-sector employers relating to facility time will be published.

• The consequences of trade union recognition: local authority

  Type:

  Employment law manual

  Updated to include a link to the government website where data submitted by public-sector employers relating to facility time will be published.

• Joint employer concept to be tested in High Court

  Date:

  8 August 2018

  Type:

  News

  In a case that could open the door for more than 3 million outsourced workers to negotiate directly with their de facto employer, the Independent Workers Union of Great Britain (IWGB) has been granted a judicial review before the High Court.

• Collective bargaining: Letters sent directly to employees sought "prohibited result" of ending collective bargaining

  Date:

  2 May 2018

  Type:

  Law reports

  In Kostal UK Ltd v Dunkley and others [2018] IRLR 428 EAT, the EAT held that the employer made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union. The employer had sought the "prohibited result" that - for the following year at least - the employees' terms would no longer be determined by collective agreement, even though the employer had no intention of actually derecognising the union.

• The consequences of trade union recognition: health (England and Wales)

  Type:

  Employment law manual

  Additional information on the law on the consequences of trade union recognition for NHS employers. To be read in conjunction with the general information on the law on the consequences of trade union recognition.

• Direct pay offers to employees "over the heads of the union" were unlawful inducements

  Date:

  11 January 2018

  Type:

  Law reports

  In Kostal UK Ltd v Dunkley and others, the Employment Appeal Tribunal (EAT) held that an employer offered unlawful inducements when it attempted to bypass collective bargaining with a trade union by making pay offers directly to its members.

• Trade union recognition

  Type:

  Employment law manual

  Updated to include information on Lidl Ltd v Central Arbitration Committee and another, in which the Court of Appeal considered the appropriate bargaining unit for statutory recognition.

• Facilities and time off for trade union duties and activities agreement

  Type:

  Policies and documents

  Updated to highlight the impact of the General Data Protection Regulation in force from 25 May 2018, on this document.