Royal Mail Group Ltd v Communication Workers Union

Royal Mail Group Ltd v Communication Workers Union

The union's plan and encouragement for members to intercept ballot papers at the workplace and vote immediately constituted interference with the statutory process required by section 230(1), subverted the legislative intention for postal ballots delivered to home addresses, and breached section 230(2). The appeal was dismissed as the union was not likely to succeed in its claim to immunity under section 219 of the 1992 Act.

Parties
Respondent: Royal Mail Group Limited; Appellant: Communication Workers Union
Jurisdiction
England and Wales
Judgment Date
04 December 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment and Order
Outcome
Appeal dismissed
Legal Topics
Trade Union Ballots, Industrial Action, Statutory Interpretation, Freedom of Association, Interim Injunctions
Labour Law Employment Law Civil Procedure Trade Union Ballots Industrial Action Statutory Interpretation Freedom of Association Interim Injunctions

Case Brief

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Parties

Royal Mail Group Limited

Respondent

Communication Workers Union

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment and Order

Legal Issues

  1. 1 Whether the union's conduct amounted to interference with the ballot process under section 230(1) of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether there was a breach of section 230(2) regarding sending ballot papers to home addresses
  3. 3 Whether there was a breach of section 230(4) regarding secret voting

Ratio Decidendi

The union's plan and encouragement for members to intercept ballot papers at the workplace and vote immediately constituted interference with the statutory process required by section 230(1), subverted the legislative intention for postal ballots delivered to home addresses, and breached section 230(2). The appeal was dismissed as the union was not likely to succeed in its claim to immunity under section 219 of the 1992 Act.

Court Disposition

Appeal dismissed

Orders

  • Appellant’s appeal against the order of Mr Justice Swift dismissed
  • Appellant to pay Respondent’s costs of this appeal within 14 days, agreed at £40,312.39