August 2019 Online Update Course
This month's 12 questions are based on 3 Court of Appeal cases.
Kostal UK Ltd v Dunkley and others  EWCA Civ 1009
Appeal against the EAT’s judgment affirming the Claimants’ claims that offers made to them by the Respondent breached their rights under s 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“1992 Act”). Appeal allowed.
Kostal UK Ltd v Dunkley & Ors UKEAT/0108/17/RN
Appeal against a decision that the Respondent had breached section 145B of TULR(C)A after it had contacted employees individually in an effort to reach agreement about their terms and conditions. Appeal dismissed.
Seahorse Maritime Ltd v Nautilus International (A Trade Union) UKEAT/0281/16/LA
Appeal against a ruling that the separate ships on which the employees worked were not separate establishments for the purposes of TULR(C)A and against a ruling that the ET had jurisdiction to consider a claim that there had been a failure to consult about redundancies pursuant to section 188 of TULR(C)A. Appeal dismissed.
British Airline Pilots Association v Jet2.Com Ltd  EWCA Civ 20
Appeal by the British Airline Pilots Association ("BALPA") against a ruling that the Respondent airline Jet2.com Ltd ("Jet2") was only required to negotiate with BALPA about the pilots' rostering arrangements in certain limited respects conceded by Jet2. Appeal allowed.
University of London v Morrissey UKEAT/0285/15/RN
Appeal against a finding of the Central Arbitration Committee (“CAC”) that the University had failed adequately to comply with its obligations under Regulation 14 of the Information and Consultation of Employees Regulations 2004 (“the Regulations”). Appeal dismissed.