Archive for the 'industrial action' 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

Cameron agrees to consider anti-strike law reform – The Guardian

“Rules may be changed so that strike is only lawful if a majority of those entitled to vote back the action.”

Full story

The Guardian, 12th January 2011

Source: www.guardian.co.uk

CBI calls for tougher legislation on right to strike – The Guardian

“Business leaders will today urge the government to introduce stringent new laws to make it harder for public sector workers to go on strike and prevent the country grinding to a halt as opposition grows to the looming spending cuts.”

Full story

The Guardian, 4th October 2010

Source: www.guardian.co.uk

ITN faces court challenge over pensions – The Guardian

“ITN is facing a high court legal challenge over plans to dramatically reduce pension payments made to the families of former employees.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Unions threaten strike action over civil service redundancy deal – The Guardian

“Civil service unions are threatening strike action after the government announced a ‘non-negotiable’ new redundancy deal that will reduce pay-outs for compulsory redundancies from a maximum of more than six years to just one year.”

Full story

The Guardian, 6th July 2010

Source: www.guardian.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

Tube strike on after court refuses injunction – The Independent

“A 48-hour strike by London Underground maintenance workers will go ahead tonight after the High Court refused to grant an injunction preventing the stoppage.”

Full story

The Independent, 23rd June 2010

Source: www.independent.co.uk

High Court move by Tube Lines to stop workers’ strike – BBC News

“The firm responsible for repairs to the Tube network is to seek a High Court injunction to stop a strike by maintenance workers.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.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

CBI calls for shake-up of UK’s labour laws – The Guardian

“The TUC has condemned new proposals from the powerful business lobby group CBI to make it harder for workers to strike as ‘a charter for exploitation at work’.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.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.

British Airways strikes banned by High Court – Daily Telegraph

“Air passengers have received a double dose of good news as the British Airways strike was averted and regulators changed the rules on flying through volcanic ash.”

Full story

Daily Telegraph, 18th May 2010

Source: www.telegraph.co.uk

Sats boycott prompts threat of legal challenge – Daily Telegraph

“Headteachers are facing possible legal action after pressing ahead with a planned boycott of Sats tests in England.”

Full story

Daily Telegraph, 21st April 2010

Source: www.telegraph.co.uk

National rail strike off as court grants injunction – The Guardian

“A high court judge today (1 April) granted Network Rail a temporary injunction to block next week’s planned four-day rail strike by signal workers.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

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

Judge blocks Milford Haven port strike – The Guardian

“A high court judge has blocked a strike by workers at one of Britain’s busiest ports, as British Airways cabin crew brace themselves for a legal challenge to next week’s strike ballot result.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

British Airways strike blocked by court – BBC News

“A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.”

Full story

BBC News, 17th December 2009

Source: www.bbc.co.uk

Iqbal v Prison Officers Association – WLR Daily

Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355

“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”

WLR Daily, 4th December 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.

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.

Jail strike ban ‘breaches rights’ – BBC News

“Prison officers are appealing to the European Court of Human Rights over legislation banning them from striking.”

Full story

BBC News, 20th May 2008

Source: www.bbc.co.uk

Ministry of Justice v Prison Officers’ Association – Times Law Reports

Ministry of Justice v Prison Officers’ Association

Queen’s Bench Division

“Article 11 of the European Convention on Human Rights guaranteeing freedom of assembly and association, conferred no express right to strike and it was not breached by a court order forbidding any form of industrial action.”

The Times, 31st March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

International Transport Workers’ Federation and Another v Viking Line ABP and Another – Times Law Reports

International Transport Workers’ Federation and Another v Viking Line ABP and Another

Court of Justice of the European Communities

“The protection of workers could justify industrial action causing a restriction on freedom of establishment of a shipowner proposing to reflag the vessel for economic reasons.”

The Times, 14th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Jailors claim right to strike under EU treaty – The Times

“Gordon Brown faces his first legal challenge under the new EU Charter of Fundamental Rights days after claiming to have won a watertight opt-out from the document for Britain.”

Full story

The Times, 22nd October 2007

Source: www.timesonline.co.uk

Royal Mail wins court injunction to stop strikes planned for next week – The Guardian

“Royal Mail last night won an high court ruling outlawing two one-day strikes planned by postal workers next week.”

Full story

The Guardian, 13th October 2007

Source: www.guardian.co.uk

Prison officers to be banned from striking – The Guardian

“Prison officers are to be banned from going on strike, the justice secretary, Jack Straw, disclosed last night.”

Full story

The Guardian, 10th October 2007

Source: www.guardian.co.uk

Jail dispute set to spread to other public sector unions despite talks – The Guardian

“More strikes by prison officers look inevitable in the wake of the government’s response to this week’s wildcat action. The justice secretary, Jack Straw, is due to meet union leaders today for ‘meaningful talks’, but both sides appeared headed for a confrontation which could spread to other public sector unions.”

Full story

The Guardian, 31st August 2007

Source: www.guardian.co.uk

Court rules against ‘illegal’ UK prison strike – Financial Times

“Prison officers … defied a court injunction aimed at halting an illegal strike by thousands of warders across England and Wales. ”

Full story

Financial Times, 29th August 2007

Source: www.ft.com


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