Direct contractual offers to avoid collective bargaining prohibited (Kostal UK v Dunkley)

Table of contents

• Original news
• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: It is unlawful for an employer to make a direct offer to a worker about a term or terms of the employment contract where the worker is a member of an independent trade union (which is recognised, or seeking to be recognised, by that employer) and the employer's sole or main purpose in making the direct offer is to avoid the worker’s terms of employment (or any of those terms) being determined by collective agreement negotiated by or on behalf of the union.