Ultraframe (UK) Ltd, R (on the application of) v Central Arbitration Committee [2005] EWCA Civ 560 (22 April 2005)

Ultraframe (UK) Ltd, R (on the application of) v Central Arbitration Committee [2005] EWCA Civ 560 (22 April 2005)

The CAC has jurisdiction under the Trade Union and Labour Relations (Consolidation) Act 1992 to investigate the validity of a ballot and, if appropriate, to annul the ballot and order a further ballot. The statutory scheme, structure, and the CAC's role and expertise indicate that Parliament intended the CAC to have responsibility for all disputes in and around the ballot process, not to be limited to acting only on the result as delivered by the QIP.

Citation
[2005] EWCA Civ 560
Parties
Claimant/respondent: Ultraframe (UK) Ltd; Defendant/appellant: Central Arbitration Committee
Jurisdiction
England and Wales
Judgment Date
22 April 2005
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed (on jurisdiction); declaration granted that CAC had jurisdiction under the Act to order a further ballot; no order as to costs.
Legal Topics
Trade Union Recognition, Collective Bargaining, Jurisdiction of Central Arbitration Committee, Ballot Validity, Judicial Review
Labour Law Administrative Law Trade Union Recognition Collective Bargaining Jurisdiction of Central Arbitration Committee Ballot Validity Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Ultraframe (UK) Ltd

Claimant/respondent

Central Arbitration Committee

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Central Arbitration Committee (CAC) has jurisdiction to investigate and annul a ballot for trade union recognition after the result is delivered by the Qualified Independent Person (QIP)
  2. 2 Whether the CAC is limited to acting only on the result as delivered by the QIP under paragraph 29 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The CAC has jurisdiction under the Trade Union and Labour Relations (Consolidation) Act 1992 to investigate the validity of a ballot and, if appropriate, to annul the ballot and order a further ballot. The statutory scheme, structure, and the CAC's role and expertise indicate that Parliament intended the CAC to have responsibility for all disputes in and around the ballot process, not to be limited to acting only on the result as delivered by the QIP.

Court Disposition

Appeal allowed (on jurisdiction); declaration granted that CAC had jurisdiction under the Act to order a further ballot; no order as to costs.

Orders

  • Declaration: The defendant had jurisdiction under the Trade Union and Labour Relations (Consolidation) Act 1992 to order a further ballot.
  • No order as to costs.