RMT COURT VICTORY PROTECTS WORKERS’ RIGHTS

RMT helpline 0800 376 3706 :: september/october 2026 :: RMTnews 8 An Employment Appeal Tribunal (EAT) has ruled in favour of more than 1,200 RMT members that their employer Virgin Trains East Coast (VTEC) had unlawfully bypassed their trade union in negotiations. The judgment reinforces important protections for union members and builds on previous landmark cases that have established clear limits on employers seeking to bypass collective bargaining arrangements. The tribunal upheld claims brought by Thompsons Solicitors on behalf of approximately 1,235 RMT members, confirming that employers cannot go directly to workers to bypass a recognised trade union. The case centred on pay negotiations in 2017 between Virgin Trains East Coast (VTEC) and three recognised trade unions - RMT, TSSA and Unite. While TSSA and Unite accepted the company’s pay offer, RMT members rejected it in a ballot. Instead of continuing negotiations with RMT, VTEC decided to press ahead with the pay award and wrote directly to RMT members, giving them the option to “opt out” if they did not wish to receive it. RMT had argued that these direct offers were an unlawful attempt to bypass collective bargaining and cut the union out of the negotiating process as those negotiations had not been exhausted under existing procedures. Both the Employment Tribunal and now the EAT agreed with RMT. RMT general secretary Eddie Dempsey said that it was a victory for RMT members who had been determined to defend their hard-won right to collective bargaining. “This case shows that workers can win against the most determined employer that wants to impose deals and ignore basic workers’ rights and the important concept of collective bargaining,” he said. The claims were originally brought against Virgin Trains East Coast. Following changes to the East Coast franchise, the affected employees VICTORY: Striking Virgin Trains East Coast RMT members on official picket duties handing out leaflets at Leeds City station over ten years ago RMT COURT VICTORY PROTECTS WORKERS’ RIGHTS Employer faces £6 million compensation bill for ignoring collective bargaining rights