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 reasonable cut-off date for practical administration, did not breach statutory requirements. Any failures were de minimis and did not 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 (QB)
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 / High Court, Queen's Bench Division, Ex Tempore Judgment
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

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Parties

Ryanair DAC

Applicant/claimant

British Airline Pilots' Association

Respondent/defendant

Procedural Posture

Interim Injunction Application / High Court, Queen's Bench Division, Ex Tempore Judgment

Legal Issues

  1. 1 Whether BALPA's conduct of the strike ballot complied with statutory requirements under the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether technical breaches deprived BALPA of statutory immunity for industrial action
  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 reasonable cut-off date for practical administration, did not breach statutory requirements. Any failures were de minimis and did not 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

  • Application for interim injunction refused
  • No order restraining strike action