Dr Vikas Chandra v The University and College Union

Dr Vikas Chandra v The University and College Union

The Certification Officer acted unlawfully by refusing to accept the applications on the ground that they were not arguable without following the statutory procedure for striking out, including issuing a 'show cause' notice and providing an opportunity to be heard, as required by section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992.

Parties
Appellant: Dr Vikas Chandra; Respondent: The University and College Union
Jurisdiction
England and Wales
Judgment Date
20 May 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Certification Officer Powers, Trade Union Disciplinary Proceedings, Strike Out Procedures, Internal Complaints Exhaustion
Employment Law Trade Union Law Certification Officer Powers Trade Union Disciplinary Proceedings Strike Out Procedures Internal Complaints Exhaustion

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Vikas Chandra

Appellant

The University and College Union

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Certification Officer has power to refuse to accept an application on grounds other than exhaustion of internal procedures under section 108B of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the Certification Officer can strike out applications without following the statutory 'show cause' procedure under section 256ZA
  3. 3 Whether the Certification Officer's published guidance and practice are consistent with statutory requirements

Ratio Decidendi

The Certification Officer acted unlawfully by refusing to accept the applications on the ground that they were not arguable without following the statutory procedure for striking out, including issuing a 'show cause' notice and providing an opportunity to be heard, as required by section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992.

Court Disposition

appeal allowed

Orders

  • Applications/complaints remitted to the Certification Officer for reconsideration in accordance with statutory requirements.