R (Cable & Wireless Services UK Ltd) v Central Arbitration Committee & Anor

R (Cable & Wireless Services UK Ltd) v Central Arbitration Committee & Anor

The Central Arbitration Committee did not err in law or act irrationally in its consideration of whether the proposed bargaining unit was a small fragmented unit. The Committee was entitled to conclude, on the evidence, that the unit was appropriate, stable, and not likely to lead to undesirable fragmentation. The claim is dismissed.

Parties
Claimant: Cable & Wireless Services U.K. Limited; Defendant: Central Arbitration Committee; Interested Party: The Communication Workers Union
Jurisdiction
England and Wales
Judgment Date
04 February 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Judicial Review, Statutory Interpretation
Employment Law Administrative Law Trade Union Recognition Collective Bargaining Judicial Review Statutory Interpretation

Case Brief

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Parties

Cable & Wireless Services U.K. Limited

Claimant

Central Arbitration Committee

Defendant

The Communication Workers Union

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Central Arbitration Committee misapplied Paragraph 19B(3)(c) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 by failing to properly consider the avoidance of small fragmented bargaining units.

Ratio Decidendi

The Central Arbitration Committee did not err in law or act irrationally in its consideration of whether the proposed bargaining unit was a small fragmented unit. The Committee was entitled to conclude, on the evidence, that the unit was appropriate, stable, and not likely to lead to undesirable fragmentation. The claim is dismissed.

Court Disposition

Claim dismissed