header-logo header-logo

14 August 2009
Issue: 7382 / Categories: Legal News , Terms&conditions , Employment
printer mail-detail

Striking development

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll