Kostal UK Ltd v Dunkley and others [2018] IRLR 428 EAT
Reports relating to this case:
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Collective bargaining: Letters sent directly to employees sought "prohibited result" of ending collective bargaining
- Date:
- 2 May 2018
In Kostal UK Ltd v Dunkley and others [2018] IRLR 428 EAT, the EAT held that the employer made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union. The employer had sought the "prohibited result" that - for the following year at least - the employees' terms would no longer be determined by collective agreement, even though the employer had no intention of actually derecognising the union.
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Direct pay offers to employees "over the heads of the union" were unlawful inducements
- Date:
- 11 January 2018
In Kostal UK Ltd v Dunkley and others, the Employment Appeal Tribunal (EAT) held that an employer offered unlawful inducements when it attempted to bypass collective bargaining with a trade union by making pay offers directly to its members.
