Anglian Windows Ltd v The GMB

Anglian Windows Ltd v The GMB

It was more likely than not that the Defendant's contention that all relevant employees shared the same workplace would be upheld at trial, and that the categorisation of employees in the ballot notice was as accurate as reasonably practicable given the information held. Therefore, the Defendant was likely to...

Source-derived case information.

Parties
Claimant: Anglian Windows Limited; Defendant: The GMB
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Application for Injunction / Interlocutory Application
Outcome
Application for injunction refused
Legal Topics
Trade Union Immunity, Industrial Action, Ballot Requirements, Economic Torts, Injunctions
Labour Law Employment Law Trade Union Immunity Industrial Action Ballot Requirements Economic Torts Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anglian Windows Limited

Claimant

The GMB

Defendant

Procedural Posture

Application for Injunction / Interlocutory Application

Legal Issues

  1. 1 Whether the Defendant trade union complied with statutory requirements for a ballot under TULRA 1992, sections 226 and 228
  2. 2 Whether the Defendant is immune from suit for economic torts under section 219 of TULRA 1992
  3. 3 Whether the Claimant is entitled to an interlocutory injunction restraining industrial action

Ratio Decidendi

It was more likely than not that the Defendant's contention that all relevant employees shared the same workplace would be upheld at trial, and that the categorisation of employees in the ballot notice was as accurate as reasonably practicable given the information held. Therefore, the Defendant was likely to establish immunity from suit, and the balance of convenience did not justify granting an injunction.

Court Disposition

Application for injunction refused

Orders

  • Claimant's application for an injunction is refused