Metrobus Ltd v Unite the Union [2009] EWCA Civ 829 (31 July 2009)

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829 (31 July 2009)

The Court of Appeal held that the statutory requirements for notice of ballot, strike notice, and notification of ballot result under TULRA 1992 are clear and must be complied with for industrial action to be protected. The requirements are not disproportionate or incompatible with Article 11 ECHR. The defects identified by the judge in Unite's notices and notification were fatal to protection, and the injunction was properly granted.

Citation
[2009] EWCA Civ 829
Parties
Claimant/respondent: Metrobus Limited; Defendant/appellant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Industrial Action, Trade Union Ballots, Freedom of Association, ECHR Article 11, Injunctions, Employer Notice Requirements
Labour Law Human Rights Law Industrial Action Trade Union Ballots Freedom of Association ECHR Article 11 Injunctions Employer Notice Requirements

Case Brief

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Parties

Metrobus Limited

Claimant/respondent

Unite the Union

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Interim Injunction

Legal Issues

  1. 1 Whether the union's notices and conduct of the ballot complied with statutory requirements under TULRA 1992
  2. 2 Whether the statutory requirements for notice and information to employers are compatible with Article 11 ECHR
  3. 3 Whether the injunction restraining industrial action was properly granted

Ratio Decidendi

The Court of Appeal held that the statutory requirements for notice of ballot, strike notice, and notification of ballot result under TULRA 1992 are clear and must be complied with for industrial action to be protected. The requirements are not disproportionate or incompatible with Article 11 ECHR. The defects identified by the judge in Unite's notices and notification were fatal to protection, and the injunction was properly granted.

Court Disposition

Appeal dismissed

Orders

  • Interim injunction restraining strike action upheld
  • No order for further relief