ISS Mediclean Ltd v GMB [2014] EWHC 4208 (QB) (21 November 2014)

ISS Mediclean Ltd v GMB [2014] EWHC 4208 (QB) (21 November 2014)

The defendant union is likely to establish statutory immunity for the industrial action under the 1992 Act, as the dispute relates to pay and other employment terms, and the ballot requirements have been met. The claimant's submissions regarding resolution of disputes and the nature of Agenda for Change are rejected.

Citation
[2014] EWHC 4208
Parties
Claimant: ISS Mediclean Limited; Defendant: GMB
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Application for Urgent Interim Injunction / Interlocutory
Outcome
Application for interim injunction refused
Legal Topics
Industrial Action, Statutory Immunity, Trade Dispute, Ballot Requirements, Freedom of Association
Employment Law Labour Law Tort Law Human Rights Law Industrial Action Statutory Immunity Trade Dispute Ballot Requirements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

ISS Mediclean Limited

Claimant

GMB

Defendant

Procedural Posture

Application for Urgent Interim Injunction / Interlocutory

Legal Issues

  1. 1 Whether the industrial action is protected by statutory immunity under the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the dispute constitutes a trade dispute within the meaning of the Act
  3. 3 Whether the matters in dispute have been resolved, thus ending the industrial action

Ratio Decidendi

The defendant union is likely to establish statutory immunity for the industrial action under the 1992 Act, as the dispute relates to pay and other employment terms, and the ballot requirements have been met. The claimant's submissions regarding resolution of disputes and the nature of Agenda for Change are rejected.

Court Disposition

Application for interim injunction refused

Orders

  • No injunction granted
  • Defendant union permitted to proceed with industrial action