Direct pay offers to employees "over the heads of the union" were unlawful inducements

This report relates to 1 case(s)

• expand

  Kostal UK Ltd v Dunkley and others [2018] IRLR 428 EAT (1 other report)

  • 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.