Royal Mail Group Ltd v Communication Workers Union

Royal Mail Group Ltd v Communication Workers Union

The Agreement permitted the Claimant to refer the dispute to external mediation at the time it did; there is no express requirement in paragraph 3.2 of Schedule 3 for immediate reference after one month. The Defendant was in continuing breach of its contractual obligation not to call for strike action until the External Mediation process has been exhausted.

Parties
Claimant: Royal Mail Group Ltd; Defendant: Communication Workers Union
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Injunction Application / Interim Injunction
Outcome
Injunction granted
Legal Topics
Collective Bargaining, Industrial Action, Injunctions, Interpretation of Collective Agreements
Employment Law Contract Law Collective Bargaining Industrial Action Injunctions Interpretation of Collective Agreements

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Parties

Royal Mail Group Ltd

Claimant

Communication Workers Union

Defendant

Procedural Posture

Injunction Application / Interim Injunction

Legal Issues

  1. 1 Whether the Defendant breached the collective agreement by calling strike action before exhausting dispute resolution procedures, specifically external mediation
  2. 2 Proper construction of paragraph 3.2 of Schedule 3 to the Agreement regarding the timing of reference to external mediation

Ratio Decidendi

The Agreement permitted the Claimant to refer the dispute to external mediation at the time it did; there is no express requirement in paragraph 3.2 of Schedule 3 for immediate reference after one month. The Defendant was in continuing breach of its contractual obligation not to call for strike action until the External Mediation process has been exhausted.

Court Disposition

Injunction granted

Orders

  • The Defendant is restrained from calling or inducing strike action until the External Mediation process under the Agreement has been exhausted.