Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB) (13 October 2017)

Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB) (13 October 2017)

The collective agreement permitted the Claimant to refer the dispute to external mediation at the time it did; there was no express requirement to refer within a specified time after one month of discussions. The Defendant was in continuing breach of its contractual obligation not to call for strike action until the external mediation process was exhausted. The strike call was therefore unlawful.

Citation
[2017] EWHC 2548
Parties
Claimant: Royal Mail Group Ltd; Defendant: Communication Workers Union
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Application for Interim Injunction / First Instance Judgment
Outcome
Injunction granted
Legal Topics
Collective Agreements, Industrial Action, Injunctions, Dispute Resolution Procedures, Interpretation of Contracts
Employment Law Contract Law Collective Agreements Industrial Action Injunctions Dispute Resolution Procedures Interpretation of Contracts

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Parties

Royal Mail Group Ltd

Claimant

Communication Workers Union

Defendant

Procedural Posture

Application for Interim Injunction / First Instance Judgment

Legal Issues

  1. 1 Whether the Defendant breached a legally binding collective agreement by calling strike action before exhausting external mediation procedures
  2. 2 Proper construction of dispute resolution and mediation clauses in the collective agreement

Ratio Decidendi

The collective agreement permitted the Claimant to refer the dispute to external mediation at the time it did; there was no express requirement to refer within a specified time after one month of discussions. The Defendant was in continuing breach of its contractual obligation not to call for strike action until the external mediation process was exhausted. The strike call was therefore unlawful.

Court Disposition

Injunction granted

Orders

  • The Defendant is restrained from calling or continuing to call strike action until the external mediation process under the collective agreement is exhausted.