Miss C Ibbotson (Counsel) For the v Mr J-P Van Zyl (Solicitor) — 2024

The nine Claimants were air traffic controllers employed by London Ashford Airport Limited and members of the trade union Prospect, which had been voluntarily recognised by the Respondent for collective bargaining on pay and holiday under an agreement dated 31 May 2018. Following unsuccessful pay-related discussions in late 2022 and early 2023, the Respondent gave notice on 16 January 2023 of its intention to terminate the recognition agreement and subsequently corresponded directly with staff on 21 February 2023 and 1 April 2023 making pay offers. The Claimants brought claims under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992.

Applying the framework set out in Kostal UK Ltd v Dunkley [2021] UKSC 47, the Tribunal found that the preconditions of section 145B were made out. The Tribunal concluded that the Respondent's main, and probably sole, purpose in making the offers was to remove the obligation to have the Claimants' contractual pay terms determined by collective bargaining. The Judge found the reasons for de-recognition set out in the Respondent's solicitors' letter of 17 March 2023 to be unsupported by the contemporaneous evidence, and described Mr Hainsworth's evidence as unconvincing and at times evasive, preferring Mr Jary's evidence where there was a conflict.

Each offer attracted the statutory award of £4,554. The first, second, fifth, sixth, seventh, eighth and ninth Claimants were each awarded £9,108 (two offers). Mr Hart (third Claimant) and Mr Hughes (fourth Claimant) were each awarded £4,554 (one offer each).