Mr D Dunkley and others v Kostal UK Ltd (England and Wales : Trade Union Membership) [2017] UKET 1800677/2016 (10 March 2017)

Mr D Dunkley and others v Kostal UK Ltd (England and Wales : Trade Union Membership) [2017] UKET 1800677/2016 (10 March 2017)

The Tribunal found that the respondent's direct offers to employees constituted unlawful inducements under section 145B TULRCA 1992, as the main purpose was to achieve the result that terms would not be determined by collective agreement.

Citation
[2017] UKET 1800677/2016
Parties
Claimant: Mr D Dunkley and others; Respondent: Kostal UK Ltd
Jurisdiction
United Kingdom
Judgment Date
10 March 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Trade Union Membership, Collective Bargaining, Unlawful Inducement
Employment Law Labour Law Trade Union Membership Collective Bargaining Unlawful Inducement

Case Brief

Summary, issues, holding and outcome

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Parties

Mr D Dunkley and others

Claimant

Kostal UK Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent made unlawful inducements to workers to forego collective bargaining rights under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The Tribunal found that the respondent's direct offers to employees constituted unlawful inducements under section 145B TULRCA 1992, as the main purpose was to achieve the result that terms would not be determined by collective agreement.

Court Disposition

Claim upheld

Orders

  • The respondent is ordered to pay compensation to the claimants for the unlawful inducements.