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Howle v GEC Power Engineering

[1974] ICR 13

Case summary last updated at 18/02/2020 21:37 by the Oxbridge Notes in-house law team.

Judgement for the case Howle v GEC Power Engineering

P had a personal grievance against his employer but was not allowed to be accompanied by someone from his union because it wasn’t recognised by the employer, whereas the other one, of which he was not a member, was recognised. The court held that this policy was discriminatory against members of the unrecognised union. 
 
Sir Hugh Griffiths: “an employer must grant the same organisational facilities to unions that he does not recognise as to those that he does. If he fails to do so, he discriminates against workers who are members of the unrecognised unions.” There is a distinction between collective bargaining rights, which only have to be available to the recognised union, and individual rights where all unions have to be treated the same. (based on legislation preceding TULRCA). 

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