Lidl Ltd v Central Arbitration Committee & Anor [2017] EWCA Civ 328 (04 May 2017)

Lidl Ltd v Central Arbitration Committee & Anor [2017] EWCA Civ 328 (04 May 2017)

The CAC did not misinterpret paragraph 19B(3)(c); the statutory provision is concerned with the risk of proliferation of small fragmented bargaining units, not the existence of a single unit. The CAC's reasoning was sufficient and addressed the relevant statutory factors. The appeal is dismissed.

Source-derived case information.

Citation
[2017] EWCA Civ 328
Parties
Appellant: Lidl Limited; Respondent: Central Arbitration Committee; Respondent: GMB
Jurisdiction
England and Wales
Judgment Date
04 May 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining Units, Judicial Review, Statutory Interpretation
Employment Law Labour Relations Administrative Law Trade Union Recognition Collective Bargaining Units Judicial Review Statutory Interpretation

Source-derived case record

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Parties

Lidl Limited

Appellant

Central Arbitration Committee

Respondent

GMB

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the CAC misinterpreted paragraph 19B(3)(c) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 regarding small fragmented bargaining units
  2. 2 Whether the CAC gave adequate reasons for dismissing Lidl's fragmentation arguments

Ratio Decidendi

The CAC did not misinterpret paragraph 19B(3)(c); the statutory provision is concerned with the risk of proliferation of small fragmented bargaining units, not the existence of a single unit. The CAC's reasoning was sufficient and addressed the relevant statutory factors. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to Lidl Limited
  • CAC's decision upheld