Ryanair DAC v British Airline Pilots' Association

Ryanair DAC v British Airline Pilots' Association

The exclusion of late-joining members from the ballot did not breach the statutory entitlement to vote, as the opportunity to vote is subject to reasonable practicability. Any failures were de minimis and did not invalidate the ballot. The statutory defence under s.219 is likely to succeed, and there is no basis for granting an interim injunction.

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 / Judgment on Application
Outcome
Application dismissed
Legal Topics
Industrial Action, Balloting Requirements, Trade Union Immunity, Interim Injunctions
Labour Law Employment Law Industrial Action Balloting Requirements Trade Union Immunity Interim Injunctions

Case Brief

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Parties

Ryanair DAC

Applicant/claimant

British Airline Pilots’ Association

Respondent/defendant

Procedural Posture

Interim Injunction Application / Judgment on Application

Legal Issues

  1. 1 Whether BALPA breached statutory balloting requirements under Part V of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the exclusion of late-joining members from the ballot invalidated the strike action
  3. 3 Whether discrepancies in ballot and strike notice figures constituted a breach

Ratio Decidendi

The exclusion of late-joining members from the ballot did not breach the statutory entitlement to vote, as the opportunity to vote is subject to reasonable practicability. Any failures were de minimis and did not invalidate the ballot. The statutory defence under s.219 is likely to succeed, and there is no basis for granting an interim injunction.

Court Disposition

Application dismissed