The Court of Appeal has handed down its full judgment overturning an injunction preventing British Airways cabin crew from striking.
Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.
In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged.
The European Court of Justice (ECJ) has held that industrial action by a trade union in Sweden to prevent a Latvian company from paying low wages to workers posted from Latvia could not be justified.
The European Court of Justice (ECJ) has held that the right to take industrial action can override the free movement of services in some circumstances, for example when the action is necessary to counter a serious threat to jobs or working conditions.
The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.
In International Transport Workers' Federation and another v Viking Line ABP and another, the Court of Appeal holds that the High Court had been wrong to grant permanent injunctions to Viking Line APB to restrain the International Transport Workers' Federation and the Finnish Seamen's Union from taking industrial action to attempt to prevent the re-flagging of a Finnish ferry to Estonia.
HR and legal information and guidance relating to industrial disputes.