The Boots Pharmacists Association (BPA) has had its application for independence thrown out by a union inspector who ruled it was "liable to interference" by the health and beauty giant. 

The BPA, which represents 1,372 of Boots' 5,500 pharmacists, was not under the domination or control of Boots but did rely on it for financial and promotional support, the certification officer said in a ruling last month (May 20).

BPA chief executive Peter Walker, who applied for a certificate of independence in October 2012, said the association was disappointed and was considering a formal response to the ruling. It would have no impact on the way the BPA works and the association would continue its representation of members, he said.

Certification officer David Cockburn said Boots' support for the BPA left it "liable to interference tending towards domination or control"	More on pharmacy unions Judge throws out Boots employees' premium       pay claim John Murphy: Why Boots should recognise the PDA Boots seeks review after appeal against PDA rejected MORE NEWS
	Certification officer David Cockburn said the relationship between Boots and the BPA was a "relatively cosy one".

Over the past 18 months Boots had assisted in BPA recruitment by including an application form in its offer letter to new employees, Mr Cockburn noted.

The BPA was dependent on Boots for the payment of subscriptions and had no detailed contingency plan if the multiple withdrew the arrangement, he added.   

Boots also provided financial and material support, including allowing the BPA to use its internal mail system, providing a £2,000-a-year sponsorship of the union's publication Professional Counsellor and free use of its premises, said Mr Cockburn.

The threat of withdrawal or serious curtailment of support by Boots placed the BPA in a position where it was "liable to interference tending towards domination or control", he concluded.

Boots said this week it had a "strong and effective relationship" with the BPA and meets with the group to discuss issues concerning patient safety, professional issues and general working conditions. "We find their input challenging, informative and constructive," a spokesperson said.

The PDA Union has applied for recognition by Boots and the case is being considered by the Central Arbitration Committee, which ruled in February that the application could go ahead. Boots has applied for a judicial review and a hearing will be held at the High Court on October 23.