In an industrial dispute, the union balloted their members on strike action. A majority voted in favour, but 21 out of the 91 members who would be affected had not been balloted. Although strike notices were sent only to those who had voted, it was clear that other members would be expected to be affected. The vote was ineffective, and the strike action properly restrained by injunction. Various reasons existed for the non-balloting of different members, including admissible and non-admissible reasons. On balance the judge’s discretion had been exercised properly. Immunity was to be given only subject to strict conditions. In this case the problem had been made worse by the refusal of both union and employer to disclose to each other membership and employee lists, and perhaps in future, ACAS could be involved to provide a confidential exchange of membership lists.
Judges:
Schiemann LJ, Kay LJ, Stuart-Smith Sir
Citations:
Times 07-Aug-2001, Gazette 04-Oct-2001, [2001] EWCA Civ 1206
Links:
Statutes:
Employment Relations Act 1992 232B
Jurisdiction:
England and Wales
Employment
Updated: 31 May 2022; Ref: scu.147639
