David Reade KC Succeeds in Judicial Review of CAC Decision in Trade Union Recognition Application

David Reade KC succeeded in arguing before Mr. Justice Keith that the CAC exceeded its powers in reading words into Paragraph 35 of Schedule A1 of TULR(C)A 1992. The case concerns an application for recognition under Schedule A1 of that Act brought by the Pharmacists’ Defence Association Union (PDAU) against  Boots. The case considers the impact of decisions of the ECHR on collective bargaining in the UK.  Mr. Justice Keith held that the CAC had been wrong to read words into the Section so as to allow the Union’s application to proceed. He has invited the Union to consider whether they wish to apply for a declaration of incompatibility.