The employer had recently recognised Unite for collective bargaining. During the first annual pay negotiation, the employer’s pay increase and Christmas bonus was conditional upon some changes to overtime, sick pay and breaks. The offer was rejected by the union and by members in a consultative ballot. The employer then wrote directly to employees setting out the pay increase offer and changes to other terms with a warning that rejection would result in no pay increase and bonus. A successful section 145B claim was made against the employer (which in broad terms prohibits an employer from making an offer to a member which results in his/her terms no longer being determined by collective agreement). The employer argued that the offer was a temporary solution to an impasse with the union and that collective bargaining continued thereafter. This was rejected by the tribunal on the grounds that ‘the employer cannot drop in an out of the collective process as and when that suits its purpose’.