- Direct contractual offers to circumvent collective bargaining are allowed (Kostal UK v Dunkley)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- The decision of the EAT
- What did the Court of Appeal decide?
- Case details
Employment analysis: Even where there is an agreed collective bargaining process with a recognised independent trade union, employers may lawfully make direct offers to workers to change a contractual term provided that the employer’s sole or main purpose is not to take the relevant term outside of the scope of collective bargaining on a permanent basis, according to the Court of Appeal.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial