Ultraframe (UK) Ltd, R (on the application of) v Central Arbitration Committee

Ultraframe (UK) Ltd, R (on the application of) v Central Arbitration Committee

The CAC has jurisdiction under the Trade Union and Labour Relations (Consolidation) Act 1992 to investigate and, if appropriate, annul a ballot and order a further ballot, as part of its general powers and responsibilities, and is not limited to acting only on the result as delivered by the QIP under paragraph 29.

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 From High Court to Court of Appeal
Outcome
Appeal allowed (on jurisdictional issue only); declaration made as to CAC's jurisdiction; no order as to costs.
Legal Topics
Trade Union Recognition, Collective Bargaining, Jurisdiction of Statutory Bodies, Ballot Validity, Judicial Review
Labour Law Administrative Law Trade Union Recognition Collective Bargaining Jurisdiction of Statutory Bodies Ballot Validity Judicial Review

Case Brief

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Parties

Ultraframe (UK) Ltd

Claimant/respondent

Central Arbitration Committee

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Central Arbitration Committee (CAC) had jurisdiction to investigate and annul a ballot after the result was delivered by the Qualified Independent Person (QIP)
  2. 2 Whether the CAC was limited to acting only on the result as delivered by the QIP under paragraph 29 of Schedule A1 of 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 and, if appropriate, annul a ballot and order a further ballot, as part of its general powers and responsibilities, and is not limited to acting only on the result as delivered by the QIP under paragraph 29.

Court Disposition

Appeal allowed (on jurisdictional issue only); declaration made as to CAC's jurisdiction; no order as to costs.

Orders

  • Declaration that the Central Arbitration Committee had jurisdiction under the Trade Union and Labour Relations (Consolidation) Act 1992 to order a further ballot.
  • No order as to costs.