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. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their terms and conditions in order to avoid collective bargaining (ie if the employer’s “sole or main purpose” in making the offer is to achieve a “prohibited result”). …

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