header-logo header-logo

10 March 2011
Issue: 7456 / Categories: Legal News
printer mail-detail

The unions strike back

Landmark decision allows unions the right to strike

The Court of Appeal has ruled in favour of unions Aslef and RMT in a landmark employment case over procedural blocks to strikes.

The unions appealed after the High Court granted interim injunctions stopping a planned strike by Serco and Docklands Light Railway staff because of procedural irregularities in the balloting process.

Delivering its judgment in National Union of RMT v Serco [2011] EWCA Civ 226 last week, the court held that, where Aslef accidentally extended the vote to two non-entitled members, the small accidental failures provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 should have applied.

It held that Aslef’s explanation on the ballot and strike notices “although brief, was sufficient to satisfy the statute and the [High Court] judge misdirected himself as to the specificity required”. It found that RMT’s explanation was adequate and that its notification to the employer complied with the statutory obligation.

Victoria Phillips, head of employment at Thompsons solicitors, says: “This is an important decision which goes against the trend where the ability of trade unions to take collective action has been ruled out by the courts due to small mistakes in the balloting process, therefore undermining the fundamental human rights of trade unions and their members.”

Rob McCreath, partner at Archon Solicitors, says Lord Justice Elias has taken a “notably pragmatic approach to unions’ obligations when balloting for industrial action and notifying employers.

“The main lesson for employers is to think very carefully before applying for injunctions to prevent strikes on the basis of relatively minor mistakes by the unions. The costs for the two employers involved in these cases will have been very substantial indeed and they will also have to meet the unions’ costs—unless, of course, there is a successful appeal.”
 

Issue: 7456 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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
back-to-top-scroll