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Union immunity: Union denied immunity as strike ballot invalid

This report relates to 1 case(s)

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    National Union of Rail, Maritime and Transport Workers v Midland Mainline Ltd [2001] IRLR 813 CA (0 other reports)

In National Union of Rail, Maritime and Transport Workers v Midland Mainline Ltd 25.07.01, the Court of Appeal refuses to overturn an interim injunction preventing the RMT from inducing strike action, on the basis that the RMT was not likely to be able to establish immunity from civil action as it had not complied with the necessary statutory pre-conditions. In particular, a significant number of those members entitled to vote in the strike ballot had not been sent ballot papers and it was not reasonable for the union to have believed that those members would not be induced to take part in industrial action.