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Lenahan v Union of Construction Allied Trade and Technicians


High Court, Chancery Division

Application by union member for declaration & enforcement order under s.5(1) Trade Union Act 1984 to the court where applicant already had made complaint to the conciliation office who had not yet concluded the proceedings. HELD Nothing in s.6(3) of the Act which allowed a subsequent application to be made in the same matter,indicated that the previous proceedings must have been completed first. Were it otherwise it might have unfortunate consequences with regard to the court's power under s.23 Employment Act 1988 to grant interlocutory relief.

[1991] ICR 378

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