Archive for the 'ballots' Category

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Unions welcome court strike ruling – BBC News

“Two rail unions have welcomed a court ruling that prevents minor mistakes in balloting being used to halt strikes.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Government accused of declaring war on unions over strike law and redundancy plans – The Guardian

“The government was today (5 July) accused of declaring war on trade unions as ministers moved to cut the redundancy terms of public sector workers and reports emerged of plans to tighten up the law on strike ballots.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Government shuns call to change strike laws – BBC News

“The government has slapped down calls by business leaders for changes to rules regarding strike ballots.”

Full story

BBC News, 21st June 2010

Source: www.bbc.co.uk

British Airways plc v Unite the Union – WLR Daily

British Airways plc v Unite the Union [2010] WLR (D) 131

“When, following a ballot the result of which supported strike action, one was asking whether a union and its members were protected from a claim in tort under certain provisions within Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, the conditions contained in s 231 of the Act as to the provision by the union of information to its members concerning the results of the ballot were critical. However, s 231 was poorly drafted and it was not appropriate to adopt an over-literal interpretation of its wording.”

WLR Daily, 21st May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Network Rail to challenge strike ballot in high court – The Guardian

“Network Rail will today try to avert next week’s planned four-day national rail strike by challenging the strike ballot in the high court.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

Metrobus Ltd v Unite the Union – WLR Daily

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279

“Where an employer sought an injunction to restrain a strike, a union’s failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the result of the ballot could justify the grant of an injunction restraining the strike. S 231A, and also ss 226 and 234A, were not disproportionate restrictions on the rights of association conferred by art 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The obligations under those sections could not be regarded as onerous so that they could be said to constitute a serious impediment on a union’s ability to call a strike.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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