Someone recently bought our

students are currently browsing our notes.


Kwik Fit

[2002] IRLR 395

Case summary last updated at 18/02/2020 20:37 by the Oxbridge Notes in-house law team.

Judgement for the case Kwik Fit

Kwikfit and its union were in a dispute about the correct bargaining unit. CAC had suggested one unit, and Kwikfit sought JR on the grounds that CAC had to treat the views of the employer and union equally. CA held that the correct approach was for CAC to look at the bargaining unit suggested by the union and determine whether or not this was appropriate, taking into account the statutory considerations (see above), regardless of whether it is the ‘best’ or ‘optimal’ account. This prioritises the union’s proposal over that of the employer, so that if the union’s test is appropriate the CAC must accept it, regardless of whether there is a better proposal in existence. NB an application to CAC following rejection by the employer of recognition is made under para.11(a)(2) of Schedule 1. The statutory considerations under para.19 include consideration of the views of the employer and compatibility of the bargaining unit with effective management, but task of the CAC is not to shop around for alternative better or the ‘most appropriate) bargaining units.  
Buxton LJ: “the statutory test is set at the comparatively modest level of appropriateness, rather than of the optimum or best possible outcome.” 

Have you seen Oxbridge Notes' best Labour Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious academic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
Labour Law Notes

Labour Law Notes >>