Updated to reflect the increase in the fixed award for unlawful inducement, effective from 6 April 2020.
Which employment cases will have the biggest impact on HR in 2020? We assess the likely impact on employers of upcoming cases on: the national minimum wage, data protection, age discrimination, collective bargaining, and TUPE.
In Kostal UK Ltd v Dunkley and others, the Court of Appeal held that the employer had not made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union.
In Kostal UK Ltd v Dunkley and others  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.
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.
This article looks at the structure of nationally and locally negotiated conditions of service in local authorities.
Updated to include information on Lidl Ltd v Central Arbitration Committee and another, in which the Court of Appeal considered the appropriate bargaining unit for statutory recognition.
Updated to highlight the impact of the General Data Protection Regulation in force from 25 May 2018, on this document.
In University of London v Morrissey, the Employment Appeal Tribunal (EAT) found that the University of London breached the Information and Consultation of Employees Regulations 2004, when it asked two recognised trade unions, whose members constituted around 25% of the workforce, to nominate employee representatives.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to collective bargaining and agreements.