Metrobus Ltd v Unite the Union

Metrobus Ltd v Unite the Union

Unite failed to comply with the statutory requirements by not providing an explanation of figures for non-check-off employees in the ballot and strike notices and by not notifying the employer of the ballot result as soon as reasonably practicable. These failures meant the industrial action was not protected under TULRA, justifying the grant of an injunction. The statutory requirements were not disproportionate or incompatible with Article 11 ECHR.

Parties
Claimant/respondent: Metrobus Limited; Defendant/appellant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Industrial Action, Trade Union Ballots, Notice Requirements, Article 11 ECHR, Employer Rights, Procedural Compliance
Labour Law Employment Law Human Rights Law Industrial Action Trade Union Ballots Notice Requirements Article 11 ECHR Employer Rights +1 more

Case Brief

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Parties

Metrobus Limited

Claimant/respondent

Unite the Union

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the union complied with statutory requirements for notice and information in relation to industrial action ballots and strike notices under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRA)
  2. 2 Whether the failure to provide an explanation of figures and prompt notification to the employer invalidated statutory protection
  3. 3 Whether the statutory requirements are disproportionate or incompatible with Article 11 ECHR

Ratio Decidendi

Unite failed to comply with the statutory requirements by not providing an explanation of figures for non-check-off employees in the ballot and strike notices and by not notifying the employer of the ballot result as soon as reasonably practicable. These failures meant the industrial action was not protected under TULRA, justifying the grant of an injunction. The statutory requirements were not disproportionate or incompatible with Article 11 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Permission to adduce new evidence granted to Unite
  • Application for permission to appeal on exercise of discretion dismissed