ISS Mediclean Ltd v GMB

ISS Mediclean Ltd v GMB

The defendant union is likely to be able to establish statutory immunity for the industrial action under the 1992 Act, as the dispute concerns pay (a fundamental trade dispute), the ballot and notice requirements were met, and the remaining issue is properly a trade dispute with the employer.

Parties
Claimant: ISS Mediclean Limited; Defendant: GMB
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Application for Interim Injunction / Interlocutory
Outcome
Application for interim injunction refused
Legal Topics
Industrial Action, Interim Injunctions, Statutory Immunity, Trade Disputes, Ballot Requirements
Employment Law Labour Law Industrial Action Interim Injunctions Statutory Immunity Trade Disputes Ballot Requirements

Case Brief

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Parties

ISS Mediclean Limited

Claimant

GMB

Defendant

Procedural Posture

Application for Interim Injunction / Interlocutory

Legal Issues

  1. 1 Whether the defendant union's 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 industrial action under the 1992 Act, as the dispute concerns pay (a fundamental trade dispute), the ballot and notice requirements were met, and the remaining issue is properly a trade dispute with the employer.

Court Disposition

Application for interim injunction refused