Ryanair DAC v British Airline Pilots' Association [2019] EWHC 3882 (QB) (21 August 2019)

Ryanair DAC v British Airline Pilots' Association [2019] EWHC 3882 (QB) (21 August 2019)

BALPA's conduct of the ballot, including the imposition of a cut-off date for new members, did not breach statutory requirements as the entitlement to vote and the opportunity to vote are distinct, and the opportunity is subject to reasonable practicability. Any failures were de minimis and did not affect the validity of the ballot or deprive BALPA of statutory immunity. The statutory defence under s.219 is likely to succeed, so no injunction should be granted.

Citation
[2019] EWHC 3882
Parties
Applicant/claimant: Ryanair DAC; Respondent/defendant: British Airline Pilots' Association
Jurisdiction
England and Wales
Judgment Date
21 August 2019
Procedural Posture
Interim Injunction Application (queen's Bench Division) / Ex Tempore Judgment on Interim Application
Outcome
Application for interim injunction dismissed
Legal Topics
Industrial Action, Trade Union Ballots, Injunctions, Statutory Immunity, Balloting Requirements
Employment Law Labour Law Industrial Action Trade Union Ballots Injunctions Statutory Immunity Balloting Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ryanair DAC

Applicant/claimant

British Airline Pilots' Association

Respondent/defendant

Procedural Posture

Interim Injunction Application (queen's Bench Division) / Ex Tempore Judgment on Interim Application

Legal Issues

  1. 1 Whether BALPA's ballot for industrial action complied with statutory requirements under the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether technical breaches in balloting process deprived BALPA of statutory immunity
  3. 3 Whether an interim injunction should be granted to restrain strike action

Ratio Decidendi

BALPA's conduct of the ballot, including the imposition of a cut-off date for new members, did not breach statutory requirements as the entitlement to vote and the opportunity to vote are distinct, and the opportunity is subject to reasonable practicability. Any failures were de minimis and did not affect the validity of the ballot or deprive BALPA of statutory immunity. The statutory defence under s.219 is likely to succeed, so no injunction should be granted.

Court Disposition

Application for interim injunction dismissed

Orders

  • No interim injunction granted
  • Application dismissed