| 释义 |
collective bargaining
Negotiations between trade unions (acting for their members) and employers or employers’ associations about terms and conditions of employment. Under the Trade Union and Labour Relations (Consolidation) Act 1992, a collective agreement (an agreement between trade union and employer resulting from collective bargaining) is not legally binding unless it is in writing and specifically states the parties’ intention to be bound. Unenforceable collective agreements frequently include terms (relating to pay, discipline, etc.) that will become incorporated in individual employees’ binding contracts of employment (Edinburgh Council v Brown [1999] IRLR 208 (EAT)). The written statement of terms of employment, which an employer must provide under the Employment Rights Act 1996, must refer the employee to the collective agreement, which must be reasonably accessible to him. Terms of a collective agreement that discriminate on grounds of any of the protected characteristics covered by the Equality Act 2010 may be challenged by individuals in a court or employment tribunal and may be declared void. When a collective agreement provides that individual employees’ contracts will circumscribe their right to strike, the employees will only be bound if their contracts contain that provision and the collective agreement was negotiated by an independent trade union, is in writing, and is readily accessible to employees during working hours. The parties to a collective agreement containing procedures for determining complaints of unfair dismissal may apply to the Secretary of State for an order that those procedures be substituted for the statutory jurisdiction of employment tribunals. An order will only be made if the agreement was negotiated by an independent trade union, identifies the employees affected, and gives them remedies as beneficial as the statutory scheme along with a right to independent arbitration or adjudication. See also disclosure of information; recognition procedure. |