Recognition ruling

Last month Kwik Fit, the tyre and car repair firm took the Central Arbitration Committee (CAC) to court seeking judicial review over its decision to favour the T&G general union's desired bargaining unit in a recognition claim. The company had opposed recognition covering just its sites within the M25.

High Court judge Ellias ruled that the issue should be referred back to a newly constituted CAC to decide again on the scope of the appropriate bargaining unit. However, in making the ruling, the judge has held that while the bargaining unit has to be "compatible with effective management" this does not mean that it has to be the "most" compatible unit. The T&G has broadly welcomed the ruling, in particular because it makes it clear that employers should only be able to apply for judicial review in "exceptional circumstances".