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10 March 2011
Issue: 7456 / Categories: Legal News
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The unions strike back

Landmark decision allows unions the right to strike

The Court of Appeal has ruled in favour of unions Aslef and RMT in a landmark employment case over procedural blocks to strikes.

The unions appealed after the High Court granted interim injunctions stopping a planned strike by Serco and Docklands Light Railway staff because of procedural irregularities in the balloting process.

Delivering its judgment in National Union of RMT v Serco [2011] EWCA Civ 226 last week, the court held that, where Aslef accidentally extended the vote to two non-entitled members, the small accidental failures provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 should have applied.

It held that Aslef’s explanation on the ballot and strike notices “although brief, was sufficient to satisfy the statute and the [High Court] judge misdirected himself as to the specificity required”. It found that RMT’s explanation was adequate and that its notification to the employer complied with the statutory obligation.

Victoria Phillips, head of employment at Thompsons solicitors, says: “This is an important decision which goes against the trend where the ability of trade unions to take collective action has been ruled out by the courts due to small mistakes in the balloting process, therefore undermining the fundamental human rights of trade unions and their members.”

Rob McCreath, partner at Archon Solicitors, says Lord Justice Elias has taken a “notably pragmatic approach to unions’ obligations when balloting for industrial action and notifying employers.

“The main lesson for employers is to think very carefully before applying for injunctions to prevent strikes on the basis of relatively minor mistakes by the unions. The costs for the two employers involved in these cases will have been very substantial indeed and they will also have to meet the unions’ costs—unless, of course, there is a successful appeal.”
 

Issue: 7456 / Categories: Legal News
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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