Birmingham City Council v Unite The Union

Birmingham City Council v Unite The Union

The breaches of the injunction by Unite were deliberate, repeated, and not credibly excused by misunderstanding; the apology and remedial steps, though genuine, were delayed. A substantial fine is warranted to mark the seriousness of the contempt, uphold the authority of the court, and deter similar conduct, taking into account the size and resources of the union.

Parties
Claimant: Birmingham City Council; Defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Committal Proceedings (contempt of Court) / Sanction/penalty Determination After Admitted Breach of Injunction
Outcome
Fine imposed for contempt of court (breach of injunction)
Legal Topics
Injunctions, Industrial Action, Picketing, Sanctions for Contempt, Interpretation of Court Orders
Labour Law Civil Procedure Contempt of Court Injunctions Industrial Action Picketing Sanctions for Contempt Interpretation of Court Orders

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Parties

Birmingham City Council

Claimant

Unite the Union

Defendant

Procedural Posture

Committal Proceedings (contempt of Court) / Sanction/penalty Determination After Admitted Breach of Injunction

Legal Issues

  1. 1 What is the appropriate penalty for Unite's admitted breach of a prohibitory injunction?
  2. 2 Was the breach deliberate or based on a genuine misunderstanding of the injunction's scope?
  3. 3 What weight should be given to the apology and steps taken to prevent further breaches?

Ratio Decidendi

The breaches of the injunction by Unite were deliberate, repeated, and not credibly excused by misunderstanding; the apology and remedial steps, though genuine, were delayed. A substantial fine is warranted to mark the seriousness of the contempt, uphold the authority of the court, and deter similar conduct, taking into account the size and resources of the union.

Court Disposition

Fine imposed for contempt of court (breach of injunction)

Orders

  • Unite the Union to pay a fine of £265,000 for contempt of court
  • Unite the Union to pay Birmingham City Council's costs of the application, to be assessed if not agreed