Legal News

Direct contractual offers to circumvent collective bargaining are allowed (Kostal UK v Dunkley)

Published on: 14 June 2019
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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