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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2014/2930.html Cite as: [2014] WLR(D) 398, [2014] EWHC 2930 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
(sitting as a Judge of the High Court)
____________________
R (on the application of Boots Management Services Ltd) |
Claimant |
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- and - |
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The Central Arbitration Committee |
Defendant |
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- and - |
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The Pharmacists' Defence Association Union |
Interested Party |
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- and - |
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The Secretary of State for Business, Innovation and Skills |
Intervenor |
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Mr John Hendy QC and Mr Simon Cheetham (instructed by Miss Orla Shiels) for the Interested Party
Mr Daniel Stilitz QC and Mr Joseph Barrett (instructed by the Treasury Solicitor) for the Intervenor
The Defendant did not appear and was not represented
Hearing date: 23 July 2014
____________________
Crown Copyright ©
Sir Brian Keith:
Introduction
Two preliminary matters
Surmounting the barrier in para. 35
The proper construction of the phrase "collective bargaining" in para. 134(1)
(a) negotiations over pay, hours and holidays (i.e. the core topics of collective bargaining),
(b) negotiations over terms and conditions of employment (i.e. all terms and conditions of employment, and not just those terms relating to pay, hours and holidays),
(c) negotiations over the seven matters referred to in section 178(2) (i.e. not just terms and conditions of employment, but other specific topics as well),
(d) negotiations over those topics on which the parties have agreed should be the subject of collective bargaining, and
(e) negotiations over any topics at all.
(c) can be disposed of immediately, because para. 136 expressly disapplied that meaning in relation to Part VI of the Schedule. (e) can be disposed of as well, because it is difficult to see how negotiations can take place on topics which the parties have not agreed to negotiate over. And for present purposes, the difference between (a) and (b) can be ignored because, on either construction, the bargaining arrangements between Boots and the BPA did not cover them. The choice, therefore, is between (a)/(b) - which, for ease of reference, I shall refer to as (a) - and (d).
Conclusion