trade unions

UK: 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. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their terms and …

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CAC rejects novel collective bargaining application in respect of outsourced workers

The Central Arbitration Committee has rejected a novel claim that outsourced workers employed to provide ancillary services at a university should be entitled to bargain collectively with the university as their “de facto” employer. The Independent Workers Union of Great Britain (IWGB) sought statutory recognition against both Cordant Security and the University of London under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in respect of workers employed by Cordant …

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Be Aware: Employer’s direct pay offer to employees was unlawful inducement to end collective bargaining

In our Be Aware blog post of 28 February 2017 we reported on the employment tribunal decision in Dunkley v Kostal UK Limited, a case on s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their terms and conditions in order to avoid collective bargaining (ie if the employer’s “sole or main purpose” in making the …

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Collective Bargaining Stalemate? – Tribunal finds employer’s direct approach to employees unlawful

Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly  impact on their ability to implement contract variations where union negotiations reach a stalemate. The s.145B conundrum This is due to a little-known section of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Section 145B of TULRCA is complex but essentially prohibits employers making offers directly to union members to …

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Trade Union Act 2016 major provisions coming into force 1 March

The major provisions of the Trade Union Act 2016 will come into force on 1 March 2017. The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017 will bring into force the following provisions: The 50% turnout requirement for all industrial action ballots (section 2 of the 2016 Act which amends section 226 of the Trade Union and Labour Relations (Consolidation Act 1992 – TULRCA)); The requirement that 40% of those entitled to …

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