Where an employer recognises a trade union for collective bargaining, the law prohibits it from making offers on pay or other terms directly to union members if the sole or main purpose is to achieve the result that those terms will not be determined by a collective agreement.
In London North Eastern Railway Ltd and another v Jiwanji and others [2026] EAT 102, the respondent operated rail services and recognised three trade unions for collective bargaining over pay. The applicable collective bargaining agreement provided for negotiations through a Joint Committee but imposed no rigid structure and no formal mechanism for determining when the process had been completed.
Pay negotiations took place through five meetings in 2017. At the final meeting on 17 October 2017, the National Union of Rail, Maritime and Transport Workers (RMT) negotiator agreed to recommend the respondent's offer to members. The RMT subsequently reversed its position and balloted its members, recommending rejection. On 13 November 2017, the same day the rejection was confirmed, the respondent wrote directly to the entire workforce implementing the pay award and inviting RMT members who did not wish to accept it to opt out. The RMT negotiator immediately asked for further meetings. Negotiations did in fact resume and ultimately resulted in a collectively bargained agreement on different terms.
Around 1,250 RMT members brought claims. The employment tribunal found that the respondent had made...
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