collective bargaining

Supreme Court: employer’s direct pay offer to employees was unlawful inducement when collective bargaining process not completed

Employers who recognise a trade union for collective bargaining purposes should take note of last week’s Supreme Court decision in Kostal UK Ltd v Dunkley which will have to be considered where collective bargaining negotiations over pay awards or other contractual variations reach a stalemate. Background The Supreme Court’s decision is the final instalment in …

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Court of Appeal overturns EAT decision in Kostal case on unlawful inducements (s.145B TULRCA)

The Court of Appeal has handed down judgment in Kostal UK Ltd v Dunkley and others, a case concerning the scope of s.145B of TULR(C)A. In a decision which will be welcomed by employers who recognise a trade union, the Court of Appeal allowed Kostal’s appeal and overturned the decisions of the EAT and ET. …

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