The matter revolves around whether automotive parts company Kostal made ‘unlawful inducements’ when it offered staff a pay deal, and whether a “prohibited result” under s. 145B Trade Union and Labour Relations Consolidation Act 1992 can only arise in circumstances where direct offers to employees take terms outside the scope of collective bargaining on a permanent basis.
The appeal against gunnercooke’s client Kostal was made by the union, Unite. More than 50 claimants have been awarded two fixed penalties in respect of two alleged inducements.
The case is likely to have a wide-ranging impact on unionised employers and has been a significant case for this important area of law.
Angela Brumpton commented: “The decision in this case is extremely important to unionised employers due to the industrial relations challenges it poses. This is a complex case that has gone on for a number of years and I’m pleased to be able to support our client Kostal UK on this ongoing matter.”
The case began in 2015 and has since been fought through the Sheffield ET, EAT and Court of Appeal. A final decision is still pending.
Thompsons is advising the current Appellants. Leading counsel includes Andrew Burns QC and Georgina Hirsch of Devereux Chambers for Kostal UK Ltd. Oliver Segal QC and Stuart Brittenden of Old Square Chambers are for the Appellants.
Angela Brumpton is an Employment Partner at gunnercooke covering the full spectrum of employment law advice across a range of sectors including complex cases and tribunals.