Warrington Borough Council v Unite The Union

Warrington Borough Council v Unite The Union

The ongoing industrial action by Unite the Union is most likely to be found at trial to be in furtherance of the trade dispute identified in the ballot, namely the 2023/24 pay deal and related terms, and thus protected by statutory immunity under section 219(1) TULR(C)A 1992. The fact that negotiations focused on localised or creative solutions does not alter the essential character of the dispute. The balance of convenience does not justify the grant of an injunction in this case.

Parties
Applicant/claimant: Warrington Borough Council; Respondent/defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Interim Injunction Application / Ruling on Application for Interim Injunctive Relief
Outcome
Application for interim injunction refused
Legal Topics
Industrial Action, Trade Union Immunity, Ballot Requirements, Collective Bargaining, Statutory Interpretation
Employment Law Labour Law Injunctions Industrial Action Trade Union Immunity Ballot Requirements Collective Bargaining Statutory Interpretation

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Parties

Warrington Borough Council

Applicant/claimant

Unite the Union

Respondent/defendant

Procedural Posture

Interim Injunction Application / Ruling on Application for Interim Injunctive Relief

Legal Issues

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

Ratio Decidendi

The ongoing industrial action by Unite the Union is most likely to be found at trial to be in furtherance of the trade dispute identified in the ballot, namely the 2023/24 pay deal and related terms, and thus protected by statutory immunity under section 219(1) TULR(C)A 1992. The fact that negotiations focused on localised or creative solutions does not alter the essential character of the dispute. The balance of convenience does not justify the grant of an injunction in this case.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted
  • Parties to provide draft minute of Order and submissions on any outstanding issues, including costs, if necessary