Luce v Bexley LBC

Luce v Bexley LBC
Court	Employment Appeal Tribunal
Citation	[1990] ICR 591 (EAT)
Keywords
Trade union, collective bargaining

Luce v Bexley LBC [1990] ICR 591 (EAT) is a UK labour law case, concerning collective bargaining.

Facts

Bexley London Borough Council refused permission to six teachers to attend a lobby on Parliament organised by the TUC over proposed Conservative legislation. They claimed this breached their right to time off for union activities under (what is now) TULRCA 1992 section 170.

Judgment

Wood J held the phrase ‘any activities of an appropriate trade union of which the employee is a member’ must be given a meaning that is within ‘the ambit of the employment relationship’ in other words ‘between that employer, that employee and that trade union’. Because this lobby concerned political organisation, time off did not need to be granted. The activity went beyond the ambit.

Collective bargaining sources

ECHR article 11

TULRCA 1992 Sch A1

Fullarton Computer Industries Ltd v CAC [2001] Scot CS 168

R (Kwik-Fit (GB) Ltd) v CAC [2002] EWCA Civ 512

R (National Union of Journalists) v CAC [2005] EWCA Civ 1309

TULRCA 1992 s 179

Gallagher v Post Office [1970] 3 All ER 712

TULRCA 1992 ss 137-166 and 275

CCSU v Minister for the Civil Service [1983] UKHL 6

Fitzpatrick v British Railways Board [1992] ICR 221

Wilson and Palmer v United Kingdom [2002] ECHR 552