1. Kostal UK Ltd v Dunkley and others [2021] UKSC 47 - LINK
In this case the Supreme Court (“SC”) overturned the Court of Appeal’s (“CA”) decision and held that the Employment Tribunal (“ET”) had been entitled to find that pay offers made by the Respondent to the Claimants were in contravention of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).
The 57 Claimants were members of Unite the Union (“Unite”) and were employed by the Respondent. In February 2015 the Respondent and Unite entered into a Recognition and Procedural Agreement (the “Agreement”) giving Unite “sole recognition and bargaining rights”, including in relation to pay, although the Agreement stated it did not “constitute a legally binding agreement”. In October 2015 pay negotiations commenced and after various meetings and discussions over several months, the Respondent’s offer was rejected by ballot of Unite’s members. The Respondent then made the same offer to employees directly. In May 2016 the Claimants complained to the ET that these direct offers were made in contravention of s 145B TULRCA.
S145B TULRCA provides that workers who are members of a trade union that is recognised (or seeking to be recognised) by their employer have the right not to receive offers from their employer that, if accepted (together with acceptance of other offers by other workers) would mean the workers’ terms of employment will not (or will no longer) be determined by collective...
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