Kostal UK Ltd v Dunkley

Subject Matter

TRADE UNION — Collective bargaining — Inducement — Ballot of union members rejecting employer’s proposals for pay and new terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable without acceptance of proposals — Offer repeated to employees not accepting first offer indicating possible dismissal — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Whether union members entitled to award in respect of each offer — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D, 145E(2) (as inserted by Employment Relations Act 2004 (c 24), s 29)

[2018] ICR 768; [2018] WLR(D) 64; UKEAT/108/17 and 109/17, EAT

TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making offer to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), s 145B (as inserted by Employment Relations Act 2004 (c 24), s 29)

[2019] EWCA Civ 1009; [2020] ICR 217; [2019] WLR(D) 329, CA

TRADE UNION — Collective bargaining — Inducement — Trade union recognised for collective bargaining purposes — Employer and trade union agreeing disputes resolution procedure — Ballot of members rejecting employer’s proposals for pay increase and change in terms — Employer making direct offers to employees individually — Offer stating no Christmas bonus payable unless offer accepted — Whether acceptance of offer having “prohibited result” of employment terms not being determined by collective agreement — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 145B, 145D

[2021] UKSC 47; [2022] ICR 434; [2022] 2 All ER 607; The Times, 24 November 2021, SC(E)

Appellate History

Commentary

UK Labour Law
The right to trade union representation: Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 Case comment