‘EJ Richard Wood held that the Airport had breached s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 by offering pay increases directly to 9 members of Prospect, the trade union recognised by the Airport for collective bargaining purposes. The Tribunal’s judgment provides a helpful application of the interpretation of s. 145B in the Supreme Court’s decision in Kostal UK Ltd v Dunkley and ors [2021] UKSC 47 and the EAT’s decision in Ineos Infrastructure Grangemouth Ltd v Jones & ors and Ineos Chemicals Grangemouth Ltd v Arnott & ors [2022] EAT 82. Under s. 145B employers are prohibited from making offers to employees who are members of a recognised trade union which, if accepted, would have the result that one or more terms of their employment will not, or will no longer, be determined by collective bargaining (the “prohibited result”), if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the ET must make a prescribed award (£4,554 at the time the claim was presented) to each member to whom the offer is made.’
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Old Square Chambers, 24th April 2024
Source: oldsquare.co.uk
