UNISON have confirmed that Bromley Council has been ordered to pay more than £64,000 in compensation to 18 of its staff, after an employment tribunal ruled it had offered employees cash incentives to sign new contracts that took them out of existing collective bargaining agreements. The Tribunal found that Bromley Council had written a series of letters to staff, with one letter offering £200 to workers if they signed new contracts of employment. The series of letters asked employees to agree to a localised pay award which replaced national and regional collective agreements. The case was brought by 18 UNISON members who did not sign the new contract, some of whom were ultimately dismissed and re-engaged on new terms of employment that included localised pay negotiations. The case was brought under S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 which makes it unlawful to make offers to independent trade union members which have the sole, or main purpose, of changing their terms of their employment so they will not, or no longer, be determined by a collective agreement negotiated by a union.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.