Enforcement of Rights to Worker Representation in Community Law

ConclusionIt is undoubtedly true that this is the most complex of all the music industry cases in this area, principally because it raises such a wide variety of issues.Indeed, some of these issues may have to be dealt with ultimately by the House of Lords, when yet more questions could enter the fray, such as the restitutionary consequences of the agreement being held void and/or unenforceable.It might also provide a good opportunity for a reconsideration of Esso Petroleum Co Ltd v Harper's Guruge (Stourport) Ltdg1 and a wholesale clarification of the doctrine of restraint of trade, on which it is, at present, extremely difficult to advise with any confidence.It may also be that the matter will, at some stage, be referred to the European Court for a preliminary ruling under Article 177 of the Treaty of Rome.Assuming, therefore, that it is not settled in the meantime, this case seems likely to prove highly significant in the shaping of European record companies as they regroup to meet the technological demands of the next century.The higher courts may be resistant to the idea of freeing Mr Michael from his contract, particularly in view of the potentially disastrous effects it may have on the UK record industry, but unless they can think of more convincing arguments than those supplied by Parker J, they may have little choice

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