Stewart v Moray Council [2006] ICR 1253 (EAT) is a UK labour law case, concerning the information and consultation in the European Union.
Moray Council claimed that it did not need an I&C procedure, because there was already a collective agreement with a protocol about information and consultation with the union.
Moray Council demanded a ballot with a 40 per cent threshold under ICER 2004 regulation 8(1) voting.
Was the CAC entitled to find the requisite approval in the fact that the majority consists of trade union members?
Mr Stewart says not; he correctly says that the non unionists have not had the opportunity to pass any comment on the agreements ostensibly regulating their position, nor have they participated in the appointment or election of the union representatives who are consulted pursuant to them.
Had the draftsman intended that there should be a similar positive and specific demonstration of support to establish the requisite approval under regulation 8, we think that he would have said so.
This is particularly so since in practice collective agreements negotiated with trade unions will not, in the ordinary way, be subject to express approval in a ballot, and the draftsman must be taken to know that.
The CAC is a highly experienced body and it will be for it to decide, in the light of all the evidence, whether it is proper to infer the requisite support or not.