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Trade union recognition: Regulation by supervisory body is not an essential requirement of "professional" activity

This report relates to 1 case(s)

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    R (on the application of the British Broadcasting Corporation) v Central Arbitration Committee [2003] IRLR 460 HC (0 other reports)

In R (on the application of the British Broadcasting Corporation) v Central Arbitration Committee [2003] IRLR 460, the High Court holds that in considering the definition of "worker" under the Trade Union and Labour Relations (Consolidation) Act 1992, a CAC panel erred in holding that, in order for a group of workers to be exercising a "professional" activity, that group must be subject to regulation by a body covering those engaged in that particular activity. While the existence or absence of a regulatory body could be a relevant feature to take into account, the imposition of this as an essential requirement for a professional activity amounted to an error of law. Under the Act, which makes provision for a union to be able to seek recognition on behalf of a "group of workers", such a group could exist even if certain individuals within that group were no longer seeking work. It is necessary to examine the group as a whole, rather than every member of the group individually.