collective bargaining

Unilateral imposition of pay award was unlawful inducement

In INEOS Infrastructure Grangemouth Ltd v Jones and ors the EAT upheld an employment tribunal’s decision that an employer’s imposition of a pay award amounted to an unlawful inducement under S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in circumstances where pay negotiations with the recognised trade union were at an …

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Supreme Court: employer’s direct pay offer to employees was unlawful inducement when collective bargaining process not completed

Employers who recognise a trade union for collective bargaining purposes should take note of last week’s Supreme Court decision in Kostal UK Ltd v Dunkley which will have to be considered where collective bargaining negotiations over pay awards or other contractual variations reach a stalemate. Background The Supreme Court’s decision is the final instalment in …

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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. …

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