The respondent had obtained an injunction to prevent the claimants supporting or encouraging their members to strike. The Union appealed and sought confirmation of its immunity under the Act. The members at issue were pilots on the Humber. They were self employed. The respondent argued that they were not employees under the Act.
Held: The pilots did operate under contracts, despite the statutory background. The contracts were in the form of authorisations, but included disciplinary procedures. The nature of the contracts brought them within the 1992 Act, and there was a trade dispute. The authority said the order should be made because there was evidence that a renewed ballot would produce a different result, but that evidence was inadequate. Appeal allowed.
Citations:
[2001] EWCA Civ 2032
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 219
Jurisdiction:
England and Wales
Employment
Updated: 05 June 2022; Ref: scu.167847
