Mrs Nolan worked at a watercraft repair centre in Hythe, Hampshire operated by the United States Army.

Mrs Nolan brought a case based on the failure of the United States to consult with an employee representative when proposing to dismiss her.

Firstly that the Trade Union and Labour Relations (Consolidation) Act 1992 should not apply to public administrative establishments and secondly that the Secretary of State had exceeded the powers conferred by section 2 of the European Communities Act 1972 by going further than EU law required.

On the second ground it was held that because the Trade Union and Labour Relations (Consolidation) Act 1992 had established a unified domestic regime the Secretary of State had not exceeded his powers when making the 1995 regulations.

Lord Carnwath dissented on this point and noted the importance of limiting the ministerial power to legislate outside of the normal parliamentary process.