Kostal v Dunkley - inducements relating to collective bargaining in the Supreme Court
The Supreme Court on Tuesday 18 May hears the appeal in Kostal UK v Dunkley on 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 ([2020] ICR 217) overturned the EAT ([2018] ICR 768) holding that s.145B 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 “five employment law cases that will shape 2021”.
The appeal will be live streamed from the Supreme Court from 10.30am. Kostal UK has agreed that the Respondent’s Case can be published.
Andrew Burns QC and Georgina Hirsch (instructed by Angela Brumpton of gunnercooke LLP) act for Kostal UK.
For further details of the judgment of the Court of Appeal, see the case note from Andrew Burns QC and Georgina Hirsch.
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