Thomas Cook Airlines Ltd v British Airline Pilots Association [2017] EWHC 2253 (QB) (06 September 2017)

The voting paper indicated a period within which industrial action was expected to take place, satisfying the requirements of section 229(2D); no greater specificity was required by statute.

Citation: [2017] EWHC 2253
Parties: Applicant/claimant: Thomas Cook Airlines Limited; Respondent/defendant: British Airline Pilots Association
Jurisdiction: England and Wales
Judgment Date: 06 September 2017
Procedural Posture: Application for Interlocutory Injunction / Interlocutory
Outcome: Application dismissed
Legal Topics: Balloting Requirements for Industrial Action, Interpretation of Trade Union and Labour Relations (consolidation) Act 1992 Section 229(2 D), Injunctions Restraining Industrial Action

Employment Law Trade Union Law Balloting Requirements for Industrial Action Interpretation of Trade Union and Labour Relations (consolidation) Act 1992 Section 229(2 D) Injunctions Restraining Industrial Action

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Parties

Thomas Cook Airlines Limited

Applicant/claimant

British Airline Pilots Association

Respondent/defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

1 Whether the voting paper complied with section 229(2D) of the Trade Union and Labour Relations (Consolidation) Act 1992
2 Whether the defendant trade union is entitled to statutory protection for calling a strike

Ratio Decidendi

The voting paper indicated a period within which industrial action was expected to take place, satisfying the requirements of section 229(2D); no greater specificity was required by statute.

Court Disposition

Application dismissed

Orders

No injunction granted
Defendant trade union may proceed with industrial action