The Independent Workers' Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors

The Independent Workers' Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors

The statutory scheme, including paragraph 35 of Schedule A1 and the definition of 'employer' in s.296 of the 1992 Act, is compatible with Article 11 ECHR. There is no interference with Article 11 as the Union remains free to seek voluntary recognition, and any restriction is justified, proportionate, and within the state's margin of appreciation. The right to compulsory collective bargaining does not extend to de facto employers with whom workers have no contractual relationship.

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, Outsourcing and Employment Relationships
Labour Law Human Rights Law Administrative Law Trade Union Recognition Collective Bargaining Article 11 ECHR Statutory Interpretation Outsourcing and Employment Relationships

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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 by precluding recognition applications where an independent union is already recognised
  2. 2 Whether the definition of 'employer' under s.296 of the 1992 Act and paragraph 2 of Schedule A1 is incompatible with Article 11 ECHR by excluding de facto employers from compulsory collective bargaining

Ratio Decidendi

The statutory scheme, including paragraph 35 of Schedule A1 and the definition of 'employer' in s.296 of the 1992 Act, is compatible with Article 11 ECHR. There is no interference with Article 11 as the Union remains free to seek voluntary recognition, and any restriction is justified, proportionate, and within the state's margin of appreciation. The right to compulsory collective bargaining does not extend to de facto employers with whom workers have no contractual relationship.

Court Disposition

Claim dismissed