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Last year, in an ongoing dispute over changes to contracts of BA cabin crew, the High Court granted an injunction to prevent a strike over the Christmas period. A second ballot was held and members voted for strike action to take place between 18 May and 3 June 2010.
BA sought a further injunction from the High Court stating that although it had been properly informed of the results of the ballots, Unite had failed to comply with section 231 by taking such steps as are reasonably necessary to ensure that all members entitled to vote in the ballot are informed of (i) votes cast, (ii) individuals answering yes, (iii) individuals answering no and (iv) spoilt ballot papers. Unite claimed that all the information required by section 231 was posted on notice boards within half an hour of being received and was also available in union offices and stands as well as being handed out to members.
The High Court has now granted an injunction to prevent the further strike action on the basis that Unite had arguably failed to communicate to all relevant members the information required by section 231 of the Trade Union and Labour (Consolidation) Act 1992 ‘as soon as reasonably practicable’ after the result of the ballot. Unite has sought permission to appeal to the Court of Appeal and the Court will hand down judgment on both leave to appeal and the substantive appeal later this week.
