11/13/2022 0 Comments Collective bargaining agreementSome of the most common discrimination issues that come up for working parents are described below. If the change disadvantages an individual or a group of people with a protected characteristic and there is no legitimate business justification for it, then the change in question may be indirectly discriminatory. This means that the change must not be discriminatory on the basis of one of the protected characteristics. As a starting point, you could speak to ACAS.Ĭhanges agreed through collective agreement are also subject to the Equality Act 2010. This is a complicated area of law, and if you want to challenge a contract change on this basis, we recommend that you seek specialist advice. One of the most common situations where a change introduced by collective agreement is unlawful is if the collective agreement is not properly incorporated into your contract, either in writing or implied. There are case law examples where changes have been introduced by employers with union backing (or where the union has pushed for the change), and the change has later been found to be unlawful or discriminatory. Just because your union has agreed to the change in a collective agreement doesn’t mean that the change is lawful. When is a change by collective agreement unlawful? By contrast, an employee can object to a change of contract proposed by the employer that has not been agreed to in a collective agreement.Īn employee doesn’t have to be a member of a trade union to agree changes for them, as long as the collective agreement says that the trade union can agree to the change and this is incorporated into your contract (either written in or implied). If this is done correctly, the changes agreed between the union and the employer are automatically binding and the employee will need to follow the new conditions whether or not they agree to the change. it’s not written in the employee’s contract but the employer normally agrees contract changes with the trade union (an ‘implied’ term of the contract).
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