English, Welsh & Scottish Railway Ltd. v National Union of Rail, Maritime & Transport Workers

English, Welsh & Scottish Railway Ltd. v National Union of Rail, Maritime & Transport Workers

In the context of the joint industrial relations arrangements, the partnership agreement, and the objective understanding of the recipient, the union's notice was validly served on both EWS Ltd and EWSI Ltd. The notice, though addressed to 'the company' and to the Corporate Industrial Relations Manager, was sufficient to inform both companies, as evidenced by the schedule of sites and the established practice of joint negotiations.

Parties
Claimant/respondent: ENGLISH, WELSH & SCOTTISH RAILWAY LTD; Claimant/respondent: ENGLISH WELSH & SCOTTISH RAILWAY INTERNATIONAL LIMITED; Defendant/appellant: NATIONAL UNION OF RAIL, MARITIME & TRANSPORT WORKERS
Jurisdiction
England and Wales
Judgment Date
15 October 2004
Procedural Posture
Civil Appeal / Appeal From Interlocutory Injunction
Outcome
Appeal allowed
Legal Topics
Industrial Action, Trade Union Notices, Statutory Compliance, Collective Bargaining, Injunctions
Labour Law Employment Law Industrial Action Trade Union Notices Statutory Compliance Collective Bargaining Injunctions

Case Brief

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Parties

ENGLISH, WELSH & SCOTTISH RAILWAY LTD

Claimant/respondent

ENGLISH WELSH & SCOTTISH RAILWAY INTERNATIONAL LIMITED

Claimant/respondent

NATIONAL UNION OF RAIL, MARITIME & TRANSPORT WORKERS

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Interlocutory Injunction

Legal Issues

  1. 1 Whether the union's notice under sections 226A and 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 was validly served on both EWS Ltd and EWSI Ltd
  2. 2 Whether the subjective intention of the union official is relevant to the validity of statutory notice
  3. 3 Whether the context and objective construction of the notice sufficed for statutory compliance

Ratio Decidendi

In the context of the joint industrial relations arrangements, the partnership agreement, and the objective understanding of the recipient, the union's notice was validly served on both EWS Ltd and EWSI Ltd. The notice, though addressed to 'the company' and to the Corporate Industrial Relations Manager, was sufficient to inform both companies, as evidenced by the schedule of sites and the established practice of joint negotiations.

Court Disposition

Appeal allowed

Orders

  • Respondents to pay the Appellants' costs
  • Application for permission to appeal to the House of Lords refused