Kostal UK Ltd v Dunkley & Ors

Kostal UK Ltd v Dunkley & Ors

The 'prohibited result' in s.145B requires a permanent removal of terms from collective bargaining, not a one-off direct agreement. The section does not prohibit an employer from making direct offers to employees to resolve an impasse in negotiations, provided the collective bargaining framework remains in place. The appeal is allowed and the claims are dismissed.

Parties
Appellant: Kostal UK Ltd; Respondents (claimants): Dale Dunkley and Others
Jurisdiction
England and Wales
Judgment Date
13 June 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal allowed; claims dismissed
Legal Topics
Collective Bargaining, Trade Union Rights, Statutory Interpretation, Employment Inducements
Employment Law Labour Relations Collective Bargaining Trade Union Rights Statutory Interpretation Employment Inducements

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Parties

Kostal UK Ltd

Appellant

Dale Dunkley and Others

Respondents (claimants)

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Interpretation of 'prohibited result' under s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether direct offers to employees outside collective bargaining constitute an unlawful inducement
  3. 3 Compatibility of s.145B with Article 11 ECHR

Ratio Decidendi

The 'prohibited result' in s.145B requires a permanent removal of terms from collective bargaining, not a one-off direct agreement. The section does not prohibit an employer from making direct offers to employees to resolve an impasse in negotiations, provided the collective bargaining framework remains in place. The appeal is allowed and the claims are dismissed.

Court Disposition

appeal allowed; claims dismissed

Orders

  • Decisions of the Employment Tribunal and majority in the Employment Appeal Tribunal set aside
  • Claims dismissed