Court of Appeal overturns EAT decision on trade union inducement
In December 2017 we blogged on the case of Kostal UK Ltd v Dunkley and others. In this case, an employer’s proposal to change terms and conditions was rejected in a consultative ballot and it subsequently wrote to all employees directly saying that a failure to agree to the terms would “lead to no Christmas Bonus and no pay increase this year”. The employer argued that it did this, not to circumvent collective bargaining, but because otherwise it would run out of time to pay the Christmas Bonus.The Tribunal and EAT held that these actions were a breach of S145B...