The unions sought recognition in representing the employees, and a ballot was undertaken. Though a majority of the workers voting opted for representation, their numbers voting fell four below the minimum required. The unions said that not all employees had received their ballot papers and applied to respondent for an order requiring the ballot to be run again. The employer challenged by this judicial review the decision of the respondent that it had jurisdiction to hear such a request.
Held: The powers of the respondent were statutory. The words in the section took care to ensure that the ballot was properly run, and the words of the statute could not be stretched to give the respondent the jurisdiction it had taken to itself. Review granted.
Judges:
David J
Citations:
[2005] EWHC 112 (Admin), Times 12-Apr-2005
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992
Cited by:
Appeal from – Regina, (Ultraframe (UK) Ltd) v Central Arbitration Committee CA 22-Apr-2005
Two trade unions had sought recognition. Ballots had been held which almost secured recognition but fell a handful of votes short. The Unions criticised the way the ballots had been conducted, saying that a number of employees had not received . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 29 June 2022; Ref: scu.222511