LabourLaw – UK Employment Law Update

The UK government’s Employment Rights Bill is set to redefine the relationship between trade unions and employers. It promises the most significant upgrade to union rights in a generation – granting both physical and digital access to workplaces, streamlining recognition, and strengthening protections for representatives.

Key reforms include:

New statutory rights for union officials to meet, recruit, and represent workers on-site and via digital platforms.
Central Arbitration Committee enforcement if employers deny access.
Simplified union recognition thresholds and new obligations for employers to inform workers of their union rights.
Stronger safeguards for union reps, including paid time off and broader protections.

With union membership at a 50-year low (~22%), this Bill signals a deliberate effort to rebalance industrial relations and modernize representation for the digital era.

Employers should prepare now – reviewing access protocols, internal comms, and employee relations policies.

Is this the catalyst for a union resurgence in the UK private sector?

#EmploymentLaw #TradeUnions #LabourLaw #UKWorkplace #UnionAccess #HRStrategy #EmploymentRightsBill #IndustrialRelations #UKLaw #WorkplaceReform

The hidden danger in skipping union negotiations? £4.8 million in damages.

Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) is more than just legal fine print – it’s a serious compliance issue with major financial consequences.

This provision protects collective bargaining by prohibiting employers from making direct offers to union members if the main purpose is to bypass agreed negotiation processes (known as the “prohibited result”).

Here’s how expensive it can get:

*Kostal UK Ltd v Dunkley & Others*	*Ineos Infrastructure Grangemouth v Jones & Others*	*Jiwanji & Others v East Coast Main Line Co Ltd*
Kostal made direct pay offers during union negotiations with Unite.	Ineos implemented a pay award directly after rejecting union proposals. Result: Breach confirmed.	Employer made offers to staff before concluding negotiations with RMT.
Damages: £3,800 per offer, per employee. Total awarded: £425,000+	Damages: Not disclosed, but case reaffirms employer risk when bypassing talks.	Damages: £3,840 per employee. Total awarded: ~£4.8 million

Key Takeaways for Employers:

Exhaust all collective bargaining steps;
Document negotiations and motives carefully;
Don’t treat Section 145B lightly; and
Seek legal advice before going direct.

Section 145B isn’t an obscure footnote – it’s a sharp legal boundary. Crossing it, even with good intentions, can cost employers dearly.

Tag: LabourLaw

Another Turning Point for UK Employment Law: Strengthened Trade Union Access Rights

Direct Offers and Dangerous Waters: What Employers Need to Know About Section 145B TULRCA