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RMT BRANDED
MERCHANDISE
transferred to London North
Eastern Railway and Hitachi
Rail, which became
respondents in the
proceedings.
The judgment builds on the
Supreme Court’s landmark
Kostal ruling, which
established that employers
cannot bypass recognised
trade unions by making direct
offers to workers when there is
a realistic possibility that
agreement could be reached
through negotiation.
The ruling reinforces the
principle when there is a
chance of reaching agreement
through collective bargaining
mechanisms, employers
cannot simply impose terms
on workers.
The tribunal upheld the
original award, leaving the
employers liable to pay an
estimated £6 million in
compensation and interest to
more than 1,200 workers after
the court found that they had
acted unlawfully by bypassing
collective bargaining.
The decision comes as
Parliament strengthens
workplace rights through the
Employment Rights Act 2025,
which from October 2026 will
give independent trade
unions new rights to access
workplaces to meet, recruit,
organise and represent
workers.
While that legislation does
not interrelate to the
legislative provisions
considered in this case, both
reflect the growing
recognition of the vital role
trade unions play in giving
working people a collective
voice and ensuring fair
treatment at work.
Neil Todd, of Thompsons’
Trade Union Law Group, said
that it was an important
victory for workers and for the
fundamental right to be
represented by a trade union
in collective negotiations
under the agreed processes in
place.
“In this case the employer
chose not to adhere to those
processes and faces serious
consequences for not doing
so.
“The protections afforded
under this provision derive
from important rights workers
have under Article 11 Of the
European convention that
enable recognised trade
unions the freedom to
negotiate on behalf of those
they represent.
“Strong trade unions are
essential to securing fair pay
improved terms and
conditions and dignity at
work.
“We are proud to have
secured this outcome for more
than 1,200 RMT members,”
he said.