The Independent Workers' Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors [2019] EWHC 728 (Admin) (25 March 2019)

The Independent Workers' Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors [2019] EWHC 728 (Admin) (25 March 2019)

There is no breach of Article 11 ECHR by paragraph 35 or s.296 of the 1992 Act; the statutory scheme is justified, proportionate, and falls within the state's margin of appreciation. The Union is free to seek voluntary collective bargaining but cannot compel recognition where an independent union is already recognised or where the University is not the employer.

Citation
[2019] EWHC 728 (Admin)
Parties
Claimant: The Independent Workers' Union of Great Britain; Defendant: Central Arbitration Committee; Interested Party: Cordant Security Ltd; Interested Party: University of London; Interested Party: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
25 March 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Article 11 ECHR, Statutory Interpretation, Margin of Appreciation
Employment Law Human Rights Law Administrative Law Trade Union Recognition Collective Bargaining Article 11 ECHR Statutory Interpretation Margin of Appreciation

Case Brief

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Parties

The Independent Workers' Union of Great Britain

Claimant

Central Arbitration Committee

Defendant

Cordant Security Ltd

Interested Party

University of London

Interested Party

Secretary of State for Business, Energy and Industrial Strategy

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether paragraph 35 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is incompatible with Article 11 ECHR
  2. 2 Whether the definition of 'employer' under s.296 of the 1992 Act breaches Article 11 ECHR by excluding the University as a de facto employer

Ratio Decidendi

There is no breach of Article 11 ECHR by paragraph 35 or s.296 of the 1992 Act; the statutory scheme is justified, proportionate, and falls within the state's margin of appreciation. The Union is free to seek voluntary collective bargaining but cannot compel recognition where an independent union is already recognised or where the University is not the employer.

Court Disposition

Claim dismissed