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 be able to establish statutory immunity for the proposed industrial action under the 1992 Act, as the dispute concerns pay (a fundamental trade dispute), and the ballot and procedural requirements were met. The claimant's submissions that the dispute was resolved or not a trade dispute were rejected on the evidence. Accordingly, the application for an interim injunction is refused.

Citation
[2014] EWHC 4208 (QB)
Parties
Claimant: ISS Mediclean Limited; Defendant: GMB
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Application for Interim Injunction / Interlocutory (urgent Application for Interim Relief)
Outcome
Application for interim injunction refused
Legal Topics
Industrial Action, Statutory Immunity, Trade Dispute, Ballot Requirements, Injunctions, Freedom of Association
Employment Law Labour Law Tort Law Human Rights Law Industrial Action Statutory Immunity Trade Dispute Ballot Requirements +2 more

Case Brief

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Parties

ISS Mediclean Limited

Claimant

GMB

Defendant

Procedural Posture

Application for Interim Injunction / Interlocutory (urgent Application for Interim Relief)

Legal Issues

  1. 1 Whether the proposed industrial action is protected by statutory immunity under the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the matters in dispute constitute a 'trade dispute' within the meaning of the Act
  3. 3 Whether the requirements for a valid ballot and notice were met

Ratio Decidendi

The defendant union is likely to be able to establish statutory immunity for the proposed industrial action under the 1992 Act, as the dispute concerns pay (a fundamental trade dispute), and the ballot and procedural requirements were met. The claimant's submissions that the dispute was resolved or not a trade dispute were rejected on the evidence. Accordingly, the application for an interim injunction is refused.

Court Disposition

Application for interim injunction refused

Orders

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