Claimant v Flogas Britain Limited
Outcome
Individual claims
The claimants alleged that the respondent had made inducements relating to collective bargaining contrary to s.145B of the Trade Union Labour Relations (Consolidation) Act 1992. The tribunal found the complaint was not well-founded, meaning the respondent had not unlawfully induced employees to accept terms that were not part of collective bargaining.
Facts
Eleven claimants employed by Flogas Britain Limited brought complaints under section 145B of the Trade Union Labour Relations (Consolidation) Act 1992, alleging that the respondent had made unlawful inducements relating to collective bargaining. The case was heard over one day before a full tribunal panel with both parties represented by counsel. Reasons for the decision were given orally at the hearing.
Decision
The tribunal unanimously dismissed all claims, finding that the complaints under s.145B TULRCA 1992 were not well-founded. This means the tribunal did not accept that the respondent had unlawfully induced the claimants to accept terms outside of the collective bargaining framework.
Practical note
Employers can defend against s.145B TULRCA claims where they can demonstrate that offers made to employees do not constitute prohibited inducements to accept terms that prevent or deter collective bargaining.
Legal authorities cited
Statutes
Case details
- Case number
- 1600980/2024
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister