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12 January 2012
Issue: 7496 / Categories: Case law , Law digest , In Court
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Industrial relations

London Underground Ltd v Associated Society of Locomotive Engineers and Firemen [2011] EWHC 3506 (QB), [2011] All ER (D) 200 (Dec)

As a general notion a strike should have a democratic mandate, however, that begged the question as to what was the relevant ballot constituency. It did not necessarily follow that the persons who should be balloted had to be limited to those who would be on strike, that is, actually withdrawing their labour in breach of contract on a particular day.

It was important that the relevant wording in s 227 of the Trade Union and Labour Relations (Consolidation) Act 1992 referred to persons whom a trade union believed would be induced “to take part…in the industrial action in question”. The statutory wording could have said, but did not say, “take…the industrial action in question”. The insertion of the words “take part…in” was a very strong indication that the ballot was not to be restricted to those who would actually take the industrial action
in question, namely withdraw their labour in breach of contract, but extended

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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