R (On the Application of the Independent Workers Union of Great Britain) v Secretary of State for Business, Energy & Industrial Strategy Posted In: Case Law
Decision NumberEWCA Civ 260
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionCollective and Trade Union Issues, Human Rights
The applicant is an independent trade union and it sought recognition for the purposes of collective bargaining in relation to a particular employer. They applied to the Central Arbitration Committee, an organisation run by the respondent Secretary of State for Business, Energy and Industrial Strategy. Their application was refused on the basis that there was already another independent trade union recognised for collective bargaining purposes. That decision was based upon Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 which stated an application to the Committee was not admissible if the Committee was satisfied there was already a
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