Gate Gourmet London Ltd. v Transport and General Workers Union & Ors

Gate Gourmet London Ltd. v Transport and General Workers Union & Ors

There is a good arguable case that unlawful and tortious acts have occurred at the picket sites, which have been authorised or endorsed by the union through its officials' presence and conduct, and not repudiated. The evidence justifies an interlocutory injunction restraining the union, certain named individuals, and persons unknown from unlawful picketing and related conduct, but does not justify limiting picket numbers at site B at this stage or granting relief against certain named defendants where evidence is insufficient. The injunction is necessary and proportionate to prevent crime and protect employees, and does not unlawfully infringe Convention rights.

Parties
Claimant/applicant: Gate Gourmet London Limited; Defendant/respondent: Transport and General Workers Union; Defendants/respondents: The Individuals Named in Schedule 1 to this Order; Defendants/respondents: Persons Unknown engaging in unlawful picketing and/or otherwise assaulting, threatening, intimidating, harassing, molesting or otherwise abusing the employees of the Applicant or its associated companies
Jurisdiction
England and Wales
Judgment Date
21 August 2005
Procedural Posture
Interlocutory Injunction Application (without Notice, Emergency) / Interlocutory (interim) Decision on Injunction
Outcome
Interlocutory injunction granted in part
Legal Topics
Industrial Action, Picketing, Trade Union Liability, Interlocutory Injunctions, Freedom of Assembly, Freedom of Expression, Vicarious Liability, Repudiation of Industrial Action, Peaceful Protest
Labour Law Tort Law Human Rights Industrial Action Picketing Trade Union Liability Interlocutory Injunctions Freedom of Assembly +4 more

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Parties

Gate Gourmet London Limited

Claimant/applicant

Transport and General Workers Union

Defendant/respondent

The Individuals Named in Schedule 1 to this Order

Defendants/respondents

Persons Unknown engaging in unlawful picketing and/or otherwise assaulting, threatening, intimidating, harassing, molesting or otherwise abusing the employees of the Applicant or its associated companies

Defendants/respondents

Procedural Posture

Interlocutory Injunction Application (without Notice, Emergency) / Interlocutory (interim) Decision on Injunction

Legal Issues

  1. 1 Whether the union and named/unnamed defendants should be restrained by interlocutory injunction from unlawful picketing and related conduct
  2. 2 Whether the union is vicariously liable for the acts of its officials/members under the Trade Union and Labour Relations (Consolidation) Act 1992
  3. 3 Whether the evidence justifies limiting the number of pickets at sites A and B

Ratio Decidendi

There is a good arguable case that unlawful and tortious acts have occurred at the picket sites, which have been authorised or endorsed by the union through its officials' presence and conduct, and not repudiated. The evidence justifies an interlocutory injunction restraining the union, certain named individuals, and persons unknown from unlawful picketing and related conduct, but does not justify limiting picket numbers at site B at this stage or granting relief against certain named defendants where evidence is insufficient. The injunction is necessary and proportionate to prevent crime and protect employees, and does not unlawfully infringe Convention rights.

Court Disposition

Interlocutory injunction granted in part

Orders

  • Interlocutory injunction granted restraining the union, specified named defendants, and persons unknown from unlawful picketing, intimidation, threats, harassment, and abuse of employees at or near the claimant's premises.
  • Picket numbers at site A limited to 6; no limit imposed at site B at this stage.