Boxshall & Ors v PTC & CPSA [1998] UKEAT 24_98_1902 (19 February 1998)

Boxshall & Ors v PTC & CPSA [1998] UKEAT 24_98_1902 (19 February 1998)

The PTC was in breach of Section 100E(6) by failing to provide members with the report or a summary. The tribunal accepted the undertaking by PTC to send the report and declined to make a further order under Section 103(3)(b). Leave to appeal was refused as the issues were matters of discretion and the law was clear.

Citation
[1998] UKEAT 24_98_1902
Parties
Appellant: Mr A England; Respondent: PTC; Respondent: CPSA
Jurisdiction
United Kingdom
Judgment Date
19 February 1998
Procedural Posture
Employment Appeal Tribunal / Judgment on Appeal
Outcome
First appeal dismissed; declaration made on second appeal; no further order under Section 103(3)(b); leave to appeal refused.
Legal Topics
Certification Officer, Trade Union Amalgamation, Disclosure of Reports, Appeal Procedure
Employment Law Trade Union Law Certification Officer Trade Union Amalgamation Disclosure of Reports Appeal Procedure

Case Brief

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Parties

Mr A England

Appellant

PTC

Respondent

CPSA

Respondent

Procedural Posture

Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the PTC breached Section 100E(6) by failing to provide members with a copy or summary of the report
  2. 2 Whether an order should be made under Section 103(3)(b)
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The PTC was in breach of Section 100E(6) by failing to provide members with the report or a summary. The tribunal accepted the undertaking by PTC to send the report and declined to make a further order under Section 103(3)(b). Leave to appeal was refused as the issues were matters of discretion and the law was clear.

Court Disposition

First appeal dismissed; declaration made on second appeal; no further order under Section 103(3)(b); leave to appeal refused.

Orders

  • First appeal dismissed.
  • Declaration that PTC breached Section 100E(6).