Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014)

The proper construction of 'collective bargaining' in para. 134(1) is negotiations over any matters agreed by the parties, which means the statutory mechanism for de-recognition is available and para. 35 does not render the right to recognition devoid of substance. Therefore, the PDAU's application was inadmissible and the CAC's decision must be quashed.

Citation
[2014] EWHC 2930 (Admin)
Parties
Claimant: Boots Management Services Ltd; Defendant: The Central Arbitration Committee; Interested Party: The Pharmacists' Defence Association Union; Intervenor: The Secretary of State for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
12 September 2014
Procedural Posture
Judicial Review / Final Judgment After Hearing on Declarations of Incompatibility
Outcome
Claim for judicial review allowed; CAC's decision quashed.
Legal Topics
Trade Union Recognition, Collective Bargaining, Interpretation of Statutory Provisions, Compatibility With European Convention on Human Rights Article 11, Judicial Review Procedure
Employment Law Human Rights Law Administrative Law Trade Union Recognition Collective Bargaining Interpretation of Statutory Provisions Compatibility With European Convention on Human Rights Article 11 Judicial Review Procedure

Case Brief

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Parties

Boots Management Services Ltd

Claimant

The Central Arbitration Committee

Defendant

The Pharmacists' Defence Association Union

Interested Party

The Secretary of State for Business, Innovation and Skills

Intervenor

Procedural Posture

Judicial Review / Final Judgment After Hearing on Declarations of Incompatibility

Legal Issues

  1. 1 Whether para. 35 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 renders the PDAU's application for recognition inadmissible
  2. 2 Whether para. 3(6), 3(5), or the whole of para. 3 of the Schedule are incompatible with Article 11 ECHR
  3. 3 Proper construction of 'collective bargaining' in para. 134(1) of the Schedule

Ratio Decidendi

The proper construction of 'collective bargaining' in para. 134(1) is negotiations over any matters agreed by the parties, which means the statutory mechanism for de-recognition is available and para. 35 does not render the right to recognition devoid of substance. Therefore, the PDAU's application was inadmissible and the CAC's decision must be quashed.

Court Disposition

Claim for judicial review allowed; CAC's decision quashed.

Orders

  • Decision of the Central Arbitration Committee on admissibility of the PDAU's application is quashed.
  • Parties to attempt to agree costs; if not, written submissions to be made within 14 days.