Collective Bargaining
Collective bargaining is negotiation between a recognised trade union and employer on terms and conditions. Under statutory recognition, bargaining covers pay, hours and holidays. Collective agreements are presumed not to be legally enforceable between the parties unless in writing and expressly stated to be binding.
Last updated: February 2025
What the Law Says
Section 178 of TULRCA 1992 defines collective bargaining topics. Section 179 provides that collective agreements are presumed not to be legally enforceable contracts unless in writing and expressly stating otherwise. However, terms of collective agreements can be incorporated into individual employment contracts and become enforceable that way.
Your Obligations as an Employer
- Bargain in good faith with the recognised union
- Disclose information requested for bargaining purposes (s.181 TULRCA)
- Not bypass the union to negotiate directly with employees on bargaining topics
- Allow reasonable time off for union representatives to conduct union duties
What to Include in Contracts
Reference any applicable collective agreements, specify which terms are incorporated into the individual contract, include a clause on how future collectively agreed changes will be incorporated, and distinguish between normative (incorporated) and procedural (non-incorporated) terms.
View related contract templateCommon Mistakes
- Refusing to disclose information needed for meaningful bargaining
- Incorporating all collective agreement terms automatically without distinguishing normative from procedural
- Bypassing the union to deal directly with employees on recognised topics
FAQ
Can an employer change terms that were collectively agreed?
Only with the union's agreement or by following proper contractual variation procedures. Unilaterally changing incorporated collective terms is a breach of individual employment contracts. If the collective agreement has expired, incorporated terms continue until lawfully varied.
What information must employers disclose for bargaining?
Under s.181 TULRCA 1992, employers must disclose information without which the union would be materially impeded in bargaining, and which is in accordance with good industrial relations practice. Exceptions include information that would damage national security, breach confidence, or relate to specific individuals.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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