21 February 2014 #Employment
On 31st January 2013 we reported on a recent High Court case in which it was held that recognition agreements with ‘sweetheart unions’ which effectively ‘block’ statutory recognition from being sought are in breach of Article 11 of the European Convention of Human Rights.
The High Court withheld its final order in this case and gave the union involved – the Pharmacists’ Defence Association Union (PDAU) - time to make an application for a declaration that UK law is incompatible with European Law. The PDAU made this application on 12th February 2014.
The High Court will now consider whether to issue the declaration. If issued, the declaration itself will not affect the existing law directly but puts pressure on Parliament to amend the existing law so that it is compliant with Article 11.
It seems likely that a declaration will be issued given the High Court’s comments in this case and so the real questions are how long will it take Parliament to make changes and what exactly will these changes entail.