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14 August 2009
Issue: 7382 / Categories: Legal News , Terms&conditions , Employment
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Striking development

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Unions must inform employers of the result of a strike ballot as soon as possible to allow them time to plan, the Court of Appeal has confirmed.

In Metrobus v Unite [2009] EWCA Civ 829, trade union Unite appealed against an injunction restraining the union from calling a strike of bus drivers—not on whether the strike should go ahead, but on the argument that the grounds on which the judge decided to grant the injunction constitute a major impediment on its ability and that of any other trade union to call a strike.

The injunction was granted after the High Court found “fatal defects” in the notice of the ballot, including the failure of Unite to notify Metrobus promptly of the result. Unite appealed.

The court ruled that a union must inform an affected employer of the result of a ballot on industrial action as soon as is reasonably practicable, regardless of the result.

Dismissing the appeal, Lord Justice Maurice Kay said: “In this country, the right to strike has never been much more than a

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