Home / Employment / Trade unions and industrial action / Individual rights arising from union membership

Legal News

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

Copyright © 2025 LexisNexis

Published on: 15 December 2017

Published by a LexisNexis Employment expert

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.

Popular documents

Is an employer required to permit an unrecognised trade union on to its premises to access its members

Is an employer required to permit an unrecognised trade union on to its premises to access its members and recruit new members?Statute confers several important rights upon an independent trade union once it has been recognised. Most of these are conferred whether the union’s recognition is

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit