The union sought recognition, but the employer did not accept the proposed bargaining unit. The union took their request to the respondent. The employer appealed their decision, and the committee appealed that first instance decision.
Held: The procedure under the schedule is unusual, and is intended to reflect the Union’s need for bargaining rights. It was not for the committee to judge between proposed alternative proposed bargaining units, but rather to test if the one proposed in the Union’s application met the statutory criteria, and to hear the employer’s views. The committee had so acted, and their decision was re-instated.
Judges:
Lord Justice Buxton, Lord Justice Latham and Sir Denis Henry
Citations:
Times 29-Mar-2002
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 Sch A1
Jurisdiction:
England and Wales
Employment
Updated: 28 April 2022; Ref: scu.168064
