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17 March 2011
Issue: 7457 / Categories: Case law , Law digest
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Trade union

Serco Ltd (trading as Serco Docklands) v National Union of Rail, Maritime and Transport Workers [2011] EWCA Civ 226, [2011] All ER (D) 65 (Mar)

If a member who was not entitled to vote was wrongly given the opportunity to do so, that would be a breach of s 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, rather than s 227(1); however, s 232B applied whichever section was infringed. The premise of s 232B was that there was a breach of s 227 or s 230(2) as the case might be, otherwise the section would not come into play.

Where s 230(2) was infringed, the premise was that the union had not done what was reasonably practicable to prevent those not entitled to vote from voting. The only question was why it had failed to prevent them voting. If it conferred the opportunity to vote on those whom it knew or should have known would not subsequently be induced to take part in the strike then it could not rely on the exception.
 

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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