Kostal v Dunkley - inducements relating to collective bargaining - goes to the Supreme Court
The Supreme Court today granted permission to appeal in Kostal UK v Dunkley which decided the meaning of “the prohibited result” for the purpose of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992. The Court of Appeal ([2019] EWCA Civ 1009) overturned the EAT holding that s.145B TULRCA 1992 does not make it unlawful for an employer to change terms and conditions without a trade union’s agreement in collective bargaining. This controversial issue has affected industrial relations in recent years. The appeal is identified as one of the “six employment decisions that will shape 2020”.
Devereux’s Andrew Burns QC and Georgina Hirsch (instructed by Angela Brumpton of gunnercooke LLP) act for Kostal UK.
For further details, see the case note from Andrew Burns QC and Georgina Hirsch.
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