The Labour Court upheld the workers` appeals and rejected Kostal`s arguments that he had never sought to interrupt collective bargaining and that the main purpose of the offers in the letters to the workers was to ensure that they did not lose their Christmas bonus. The court awarded each applicant the binding arbitral award (£3,800 at the time) for each of the two letters. Mr Kostal appealed to the EAT on liability and redress. As noted here by the EAT, employers may be able to submit offers directly to workers in the event of failure of collective bargaining, if they can prove that they acted reasonably and with a genuine commercial purpose. .