An Employment Tribunal has ruled in favour of 147 members of the Prison Officers Association (POA) working at the Gatwick Immigration Removal Centres, after finding that their employer, Serco, unlawfully bypassed the union during pay negotiations. 

The group of workers, represented by Thompsons Solicitors, brought a claim under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), arguing that a pay offer made directly to staff in May 2023 was a deliberate attempt to sidestep the agreed collective bargaining process with the POA. 

In a detailed written judgment, the Tribunal concluded that the employer’s “sole or main purpose” in making the direct offer was to ensure that the claimants’ terms and conditions would no longer be determined by collective agreement — a breach of long-established trade union rights. 

The case centred on Serco Limited’s decision to implement a blanket pay increase without completing the agreed dispute resolution process, including the option to involve ACAS. While the POA had made a revised counteroffer just days earlier and remained open to further discussions, the employer proceeded with the pay award and informed the union that it considered negotiations to be over. 

The Tribunal found that collective bargaining had not concluded as of 5 May 2023 and that the employer did not genuinely believe it had. The panel also criticised Serco’s conduct in removing references to ACAS from official communications and accelerating implementation of the offer — actions it said indicated a clear decision to end meaningful engagement with the union. 

Although Serco eventually completed the process after their unlawful offer, the fact that it had implemented the pay deal effectively hamstrung ACAS’s ability to secure a compromise to such an extent that the whole meeting was over in 20 minutes. 

Under section 145E of TULRCA, the Tribunal awarded each of the 147 claimants a fixed sum of £5,128, meaning the employer now faces a total compensation bill of more than £750,000. 

Commenting on the Judgment Iain Birrell, a Partner and employment rights solicitor at Thompsons Solicitors, who led the legal case, said: “This is a significant judgment that upholds our clients’ fundamental right to be represented by their union in pay negotiations. 

“Employers cannot simply choose to bypass trade unions when talks don’t go their way. This case reaffirms that the process of collective bargaining must be respected — and that failing to do so will have serious financial consequences.” 

Steve Gillan, General Secretary of the POA, added: “This ruling is a major victory for POA members and a clear warning to any employer tempted to sidestep the union. 

“Collective bargaining is not optional — it’s a legal requirement, and we’re proud to have stood by our members to defend that principle.” 

The claimants were represented by Camille Ibbotson of Old Square Chambers, instructed by Thompsons Solicitors on behalf of the POA.