British Airways Plc v Unite the Union

British Airways Plc v Unite the Union

The majority held that Unite had taken sufficient steps to comply with section 231 by disseminating ballot results through multiple channels accessible to its members, and that strict personal communication was not required. Substantial compliance was deemed adequate, and minor failures did not invalidate the ballot or the union's statutory immunity.

Parties
Claimant: British Airways PLC; Defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
20 May 2010
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Injunction
Outcome
Appeal allowed (majority); injunction discharged
Legal Topics
Industrial Action, Ballot Requirements, Trade Union Immunity, Injunctions, Statutory Interpretation
Labour Law Employment Law Civil Procedure Industrial Action Ballot Requirements Trade Union Immunity Injunctions Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

British Airways PLC

Claimant

Unite the Union

Defendant

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Injunction

Legal Issues

  1. 1 Whether Unite complied with section 231 of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding communication of ballot results to members
  2. 2 Whether non-compliance with section 231 invalidates statutory immunity for industrial action
  3. 3 Whether substantial compliance with section 231 is sufficient

Ratio Decidendi

The majority held that Unite had taken sufficient steps to comply with section 231 by disseminating ballot results through multiple channels accessible to its members, and that strict personal communication was not required. Substantial compliance was deemed adequate, and minor failures did not invalidate the ballot or the union's statutory immunity.

Court Disposition

Appeal allowed (majority); injunction discharged

Orders

  • The injunction restraining Unite from calling strikes is discharged.
  • Industrial action may proceed as ballot requirements were substantially complied with.