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 required the parties to exhaust external mediation before industrial action could be lawfully called. There was no express time limit for referring matters to mediation after one month of discussions. The Claimant was entitled to refer the dispute to mediation at the time it did, and the Defendant was in breach by calling strike action before the mediation process was exhausted.

Citation
[2017] EWHC 2548 (QB)
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 required the parties to exhaust external mediation before industrial action could be lawfully called. There was no express time limit for referring matters to mediation after one month of discussions. The Claimant was entitled to refer the dispute to mediation at the time it did, and the Defendant was in breach by calling strike action before the mediation process was exhausted.

Court Disposition

Injunction granted

Orders

  • Defendant restrained from calling or inducing strike action until external mediation process under the collective agreement is exhausted