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The High Court refused BAE Systems’ application for an interim injunction against Unite, holding there was no likely unlawful prior call before the ballot.
The ongoing industrial action by Unite the Union is most likely to be found at trial to be in furtherance of the trade dispute identified in the ballot, namely the 2023/24 pay deal and related terms, and thus protected by statutory immunity under section 219(1) TULR(C)A 1992. The fact that negotiations focused on localised or creative solutions does not alter the essential character of the dispute. The balance of convenience does not justify the grant of an injunction in this case.
Source excerpt
Warrington Borough Council v Unite The Union [2023] EWHC 3093 (KB) (01 December 2023)
The High Court refused Warrington Borough Council’s bid for an interim injunction against Unite, holding the strike action was likely protected by statutory immunity.
ISS Mediclean Ltd v GMB [2014] EWHC 4208 (QB) (21 November 2014)
The High Court refused an interim injunction to stop planned strike action, finding the union likely retained statutory immunity under the 1992 Act.
ISS Mediclean Ltd v GMB [2014] EWHC 4208 (QB) (21 November 2014)
The High Court refused an urgent interim injunction to stop a union strike, finding the GMB was likely protected by statutory immunity under the 1992 Act.
The High Court refused an urgent interim injunction sought to restrain a planned strike, finding the union was likely to establish statutory immunity under the 1992 Act.
The Court of Appeal addressed whether Unite had complied with section 231 of the 1992 Act when notifying members of a strike ballot result, in an appeal against an injunction.
British Airways Plc v Unite the Union [2010] EWCA Civ 669 (20 May 2010)
Appeal from an interim injunction over threatened strike action. The Court of Appeal held Unite was likely to have complied with section 231 by using multiple methods to inform members of ballot results.
British Airways Plc v Unite the Union [2010] EWHC B4 (QB) (17 May 2010)
The High Court granted British Airways an interim injunction after finding Unite had an arguable failure to comply with statutory ballot-result notification requirements.
British Airways Plc v Unite the Union [2010] EWHC B4 (QB) (17 May 2010)
The High Court granted British Airways an interim injunction against Unite's planned cabin crew strikes, finding an arguable failure to meet statutory ballot communication requirements.
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