Kostal UK Ltd v Dunkley and ors [2017]
Posted In: Case Law-
Case Reference
UKEAT/0108/17/RN -
Legal Body
Employment Appeal Tribunal (UKEAT) -
Type of Claim / Jurisdiction
Contracts of Employment, Pay
This interesting case was an appeal against a finding by a tribunal under the Trade Union and Labour Relations (Consolidation) Act 1992 (the equivalent legislation in NI is A. 77A of the Employment Rights (NI) Order 1996) that an employer had deliberately induced employees to bypass the collective bargaining arrangements with their trade union.
Put broadly the appropriate wording prohibits offers made to workers (who are members of a recognised trade union, or one seeking recognition) by their employer, if acceptance of the offer would have “the prohibited result” and the employer’s sole or main purpose in making the offers is to achieve that result. For these purposes “the prohibited
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