An industrial tribunal was entitled to find that employees who had participated in a one-day strike were not taking part in that or any other industrial action short of a strike when they were dismissed on the following day, holds the EAT in Mainland Car Deliveries Ltd v Cooper & others.
A domestic teaching union did not have the requisite knowledge or intention to have wrongfully interfered with a teacher-supply agency's rights under its contract with an overseas teaching union to publish its advertisements, holds the Court of Appeal in Timeplan Education Group Ltd v National Union of Teachers and another.
In RJB Mining (UK) Ltd and others v National Union of Mineworkers, the High Court grants an injunction restraining a union from proceeding with industrial action on the basis of the union's non-compliance with the statutory requirements as to balloting.
The reason for the dismissal of an employee who organised industrial action without regard to recognised negotiating procedures was misconduct, not taking part in trade union activities, holds the EAT in Crowther v British Railways Board.
In Knowles and another v Fire Brigades Union, the Court of Appeal holds that two full-time firefighters who were expelled by their union for being additionally employed on retained firefighting contracts, contrary to the union's policy, were not "unjustifiably disciplined" by the union.
In InterCity West Coast Ltd v National Union of Rail, Maritime and Transport Workers, a majority of the Court of Appeal holds that members of a trade union employed by one train-operating company did not have to be balloted separately from those employed by another, because they all had the same "place of work" for these purposes.
A trade union's policy of opposing, on grounds of safety, the practice of those of its members who were full-time employees being employed as standbys when they were off duty did not constitute a strike or "other industrial action", holds the EAT in Fire Brigades Union v Knowles and another.
A trade union is not required to restrict its call for industrial action to those of its members who were members at the date of the ballot and who were given an opportunity to vote in it, holds the Court of Appeal in London Underground Ltd v National Union of Rail, Maritime and Transport Workers.
In RJB Mining (UK) Ltd v National Union of Mineworkers, the Court of Appeal confirms that a series of one-day strikes called for by the union would have commenced outside the statutory four-week period within which industrial action must initially be taken in order for a strike ballot to remain valid.
In an industrial action ballot which includes questions on both strike action and action short of a strike, each question has to be treated separately, so that a majority vote in favour of a strike will support subsequent strike action, even if those votes do not add up to a majority of those voting in the ballot as a whole, holds the Court of Appeal in West Midlands Travel Ltd v Transport and General Workers' Union.
HR and legal information and guidance relating to industrial disputes.