In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.
In Harris v Richard Lawson Autologistics Ltd, the Court of Appeal holds that a shop steward had apparent or ostensible authority to negotiate an agreement on holiday pay on behalf of TGWU members he represented, notwithstanding that, on the assumed facts of the case, the agreement was not put to the members, and was concluded in contravention of TGWU standing instructions.
In Graphical Paper and Media Union v Derry Print Ltd and another, the Central Arbitration Committee holds that the statutory recognition procedure does not permit a single application for a proposed bargaining unit covering workers employed by more than one employer.
In R v Central Arbitration Committee and another ex parte Kwik-Fit, the Court of Appeal holds that, in determining the "appropriate bargaining unit" for the purposes of statutory trade union recognition, the CAC must first consider the proposal put forward by the union and, if it finds this to be the appropriate bargaining unit, to go no further.
This week's case roundup, covering the appropriate bargaining unit for statutory recognition and whether anxiety constitutes a mental impairment for the purposes of the Disability Discrimination Act.
Employers are likely to find it harder to defend union demands for recognition following a decision from the Court of Appeal on the role of the Central Arbitration Committee in disputes.
In one of the first challenges to a decision of the CAC on the application of the statutory trade union recognition provisions, the Outer House of the Court of Session has rejected an employer's claim in judicial review proceedings that it had been unfairly treated by the manner in which the CAC reached the ultimate conclusion that 50.3% of the workers in a bargaining unit were union members.
HR and legal information and guidance relating to trade union recognition.