The Industrial Cases Reports
[2014] ICR 1053
Court of Appeal
Bone
v
North Essex Partnership NHS Foundation Trust
[2014] EWCA Civ 652
2014 April 14;
May 15
Jackson, Briggs, Christopher Clarke LJJ
Industrial relations— Trade union activities— Certificate of independence— Employment tribunal upholding claim for detriment on grounds relating to union activities— Appeal by employer— Appeal tribunal requiring union to apply for certificate to establish independence— Certificate of independence issued— Appeal tribunal concluding certificate not retrospective and no jurisdiction in absence of proof of independence— Whether certificate of independence precondition for jurisdiction— Whether certificate having retrospective effect—
Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 6, 8, 146(1)(b) (as amended by Employment Relations Act 1999 (c 26), Sch 2, para 2 and Employment Relations Act 2004 (c 24), s 31(2), Sch 1, para 8)
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