The company complained that the defendant union had failed when arranging its strike ballot to comply with the 1992 Act. Sharp J said: ‘It is said on behalf of Network Rail that this cannot be sufficient for the purposes of section 231 giving the wording of the section. I can well understand why the information was given briefly by text and I can also understand why it was thought appropriate by the RMT to direct its members to a website which contained a detailed breakdown of information which it is required to provide by section 231. However, I certainly take the view that it is clearly arguable that the steps that were taken did not bring the RMT within the requirements of section 231. It seems to me that section 231 on the face of it requires active steps to be taken to provide information. I think there is a real distinction between taking active steps by sending information to the members concerned and identifying for them a place where they can go and get information if they wish to have it. It may be in this day and age, most people would be able to use a computer and have access to it but that cannot be assumed. It seems to me that for good policy reasons, it is important that members are given information which they are entitled to by section 231 actively, rather than merely being told where they can go and get it if they wish to have it. In my view, therefore, Network Rail has a strong case in relation to its complaint that the RMT did not take all steps that were reasonably necessary to ensure all its members were informed of the numbers following the ballot.’
Sharp J
[2010] EWHC 1084 (QB)
Trade Union and Labour Relations (Consolidation) Act 1992 231
England and Wales
Cited by:
Cited – British Airways Plc v Unite The Union QBD 17-May-2010
The Union had taken a vote of its cabin crew members as to a strike. The airline sought an interim injunction to prevent the strike, saying that the Union had not met the requirements of the Act as to proper notification of the results.
Held: . .
These lists may be incomplete.
Updated: 07 July 2021; Ref: scu.416061
