Warrington Borough Council v Unite The Union [2023] EWHC 3093 (KB) (01 December 2023)

Warrington Borough Council v Unite The Union [2023] EWHC 3093 (KB) (01 December 2023)

The ongoing industrial action is most likely to be found at trial to be in furtherance of the trade dispute identified on the ballot, as the dispute about the 2023/24 pay deal continues and the union honestly and genuinely believes this. The action is therefore likely to be protected by statutory immunity under...

Source-derived case information.

Citation
[2023] EWHC 3093 (KB)
Parties
Applicant/claimant: Warrington Borough Council; Respondent/defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Interim Injunction Application / First Instance, Judgment on Interim Relief
Outcome
Application for interim injunction refused
Legal Topics
Industrial Action, Trade Disputes, Statutory Immunity, Ballot Requirements, Collective Bargaining, Interim Injunctions
Employment Law Labour Law Injunctions Industrial Action Trade Disputes Statutory Immunity Ballot Requirements Collective Bargaining +1 more

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Parties

Warrington Borough Council

Applicant/claimant

Unite the Union

Respondent/defendant

Procedural Posture

Interim Injunction Application / First Instance, Judgment on Interim Relief

Legal Issues

  1. 1 Whether the ongoing industrial action by Unite the Union is protected by statutory immunity under section 219(1) TULR(C)A 1992
  2. 2 Whether the industrial action is in furtherance of the trade dispute identified on the ballot
  3. 3 Whether the balance of convenience favours granting an interim injunction

Ratio Decidendi

The ongoing industrial action is most likely to be found at trial to be in furtherance of the trade dispute identified on the ballot, as the dispute about the 2023/24 pay deal continues and the union honestly and genuinely believes this. The action is therefore likely to be protected by statutory immunity under section 219(1) TULR(C)A 1992. The balance of convenience does not justify an injunction in this case.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted
  • Parties to provide draft order and submissions on any outstanding issues, including costs