My employer is offering a bonus to staff to give up our right to have our pay collectively bargained by the union. Can they do this?

No. It is unlawful under section 145B of the Trade Union and Labour Relations Consolidation Act 1992 for an employer to offer a member of a trade union that is recognised or seeking recognition an inducement to prevent their terms being negotiated by a union through collective bargaining.

Members who are made on offer in breach of section 145B are entitled to claim compensation in the employment tribunal of a fixed sum (£4,059 for each member from April 2018). As always, time limits for bringing an employment tribunal claim are very tight.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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