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Chambers & Partners
30/12/1992

R v British Coal Corporation, ex parte Vardy; R v Secretary of State for Trade and Industry

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Administrative Court

Applications for judicial review by the National Union of Mineworkers ("NUM") and two other unions with respect to the decisions of (i) the National Coal Board on behalf of British Coal to close 31 pits and later a substituted decision to close 10 pits and of (ii) the President of the Board of Trade to make available to British Coal from public funds under the Coal Industry Act 1987 as amended, sufficient funds to make redundancy payments on an enhanced scale to mineworkers who would be made redundant.
HELD: Section 188 Trade Union and Labour Relations Act (Consolidation) Act 1992 and s.46 Coal Industry Nationalisation Act 1946, the union had a right to be consulted over colliery closures and redundancies. British Coal could not make a final decision on the closure of any of the 10 collieries nor could the Secretary of State make available funds which would enable British Coal to reach a decision until a procedure substantially to the same effect as the modified colliery review procedure had been followed.
Application granted.

[1993] ICR 720

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