The clear legislative purpose of the amended provisions on the information to be given by trade unions in the requisite notices of ballots and subsequent industrial action is to enable an employer to know which part or parts of its workforce are being invited to take industrial action, in order that the employer can (first) try to dissuade them and (secondly, and so far as unsuccessful in its first aim) make plans to avoid or minimise disruption and continue to communicate with the relevant part of parts of the workforce, holds the Court of Appeal in National Union of Rail, Maritime & Transport Workers v London Underground Ltd and others.
In Re South West Trains and others, the High Court restrained a trade union from calling on its members to take strike action in circumstances where concerns about changes to the safety role of train guards that formed the ostensible core of the trade dispute had been dissolved because they had largely been met by the employer.
A "strike" means a mutually planned refusal by employees to work for a period of time for which they were employed to work, holds the Court of Appeal in Connex South Eastern Ltd v National Union of Rail, Maritime and Transport Workers.
A five-month interruption in industrial action, during which time the nature of the dispute shifted away from protection for all employees of London Underground Ltd to protection for those to be transferred to, and subsequently employed by, a possible future employer, amounted to a cessation rather than a suspension of industrial action, and was also sufficient to defeat the argument that a call for further strike action had been made "in contemplation or furtherance of a trade dispute" between the workers and their employer, holds the High Court in London Underground Ltd v National Union of Rail, Maritime and Transport Workers.
A dispute in relation to an employer's failure to agree with an unidentified future employer of some of its employees that both they and others subsequently employed by the new employer should be guaranteed their existing terms and conditions of employment was not a "trade dispute", holds the Court of Appeal in University College London Hospital NHS Trust v Unison.
In Patrick Stevedores Operations Pty Ltd v International Transport Workers Federation, the High Court discharges an injunction preventing a federated trade union subject to the Court's jurisdiction from inducing ship operators to break their contracts with an Australian stevedoring company.
HR and legal information and guidance relating to industrial disputes.