Industrial Action and Injunctions - Recent Case Law

Hello. My name is Ray to quo on. I'm embarrassed of the 36 group. I'm passed the civil t on. I deal with property, housing and commercial stays happen are brought to you in conjunction with data on it is about to Dr Action on injunctions. There's only time to be a summary. So hopefully it will be useful to, you know, just a basic when your dear of injunctions, others employee or an employer. So you're the first slide. You'll see the title of these, this PowerPoint slide. I know. So see this second slide, which is a fact half an interim injunction now a strike or the industrial action called by trade union usually involves the union. You know, like talks like situation. In other words, most likely toward of inducing a breach of the employees contracts. So there is a genuine quiet trade. Dispute on the destruction is organized in accordance with a strict ballot. A notification rules are followed. I set out to trade union on Labor Relations Consolidation Act 1992 the most lenders team L R C. A. Then the union will be immune from liability In tort. However, there are cases where employers primary remedy is to apply to the high court for an interim injunction to prevent that strike taking place. Hopefully, you'll find out how that is done. When you were four year player with the employment for union, you are indeed anything parties. So you packed mantra in Georgia Lenin term injunction, it is different to a file in Georgian. Injunction is granted a full trial under the on the merits in case an introduction on your hand. His provisional measure taken out early station proceedings So many forces until the final judgment on Nice fittest is charged by the quarters of other stage. The idea behind it is that it is entire to prevent injustice and preserve the status quo until there is a full trial in industry action cases, though it is rare, if ever that it is. This is exude. It looks like a plan of action is not going to take place after when there is a threaten interim injunction is enough for there to be some kind of agreement rather pursuing proceedings in court? No, the last. Like I say, it is rare for that to be a family doctor. Hearing after interim injunctions are effective or negotiations prior to that when there's a threat introduction being made. So good thing about Internet directions is that in most cases it will kill an industrial action and will encourage that negotiations take place. And if the unions only fire is in fact just a breach notification rules that it may be still possible for an employer to to see that that day fact is remitted by issuing from client notice, which is done by the union to the employer. If that is done, then the employer will at least have brought itself a few days extra two carat, maybe a campaign to try and win the hearts and minds of the please Mr What that grimaces my related to. And it needs to be planned for any industrial action by making contingency plans. For example, bringing this stuff. Hey, want part of the strike in to do extra hours, for example, it because the whole body is invalidated the time involved in starting the price It again made me that the union has lost the opportunity completely because a lot of the time with these things timing, it's often crucial because of industry actions toe have the effect on the outcome of the dispute, then it might be that you don't want to kind of scrap the earliest opportunity to union. You want your hope about two? Probably valid. Did you know what we apply it to have any warning except with the minimum requirement by no, it might be that then they can get continues in place. Fine. I don't need to negotiate. So Casey said union will still be able to successfully. We found it as united in the dispute with British Airways. Ever changed a cabin cream numbers. If you remember that I was in 2000 and 9 2010 It was finally injunction at British Airways, obtained in December 2009. Rebounds. Strike through the Christmas period, United about it and call it a strike humorously, and that was right about large to God. So China Mantis like three. We're looking at common grounds, one common grounds for ninja. So to establish liability against a trade union, the employer must usually show that the industrial action involves a breach of the employees contracts off employment. The union has both rise or endorse the action, so the crowds often seen try to give the employer adequate information in the notice up about it for the night's been distraction. The delay, perhaps in announcing ballot itself the results of self breach of margin requirements by union. So, for example, sending a private papers to members who are not entitled to, and then all noble picketer, which might have been endorsed by union. So, for example, if you are overstepping the mark, which I'll come to you shortly, those are kind of grounds on which you might see conjunction. Employer I grabbed you need to be aware of. If you are union, you're a part of the union. Do you make sure that if you want to strike to be effective and have a full course which you wanted to achieve, then try to be aware of these grounds? Because these of what employees will have no disposal when trying to bring into injunction against this House flight for applying for an injunction, you'll find that a pipeline junction set out in CPR 23 see if you are 25. That is the sole procedurals found in the white before clients to court, so it is good practice to try and seeking undertaking from the trade union. You're the employer to try and encourage them not to engage in industrial action. What, perhaps remedy whatever it is that the breaches our first because an injunction can then be sort, even if not attacking is not provided. But it might be that my open the dialogue to at least approach the union you know about super soon's course of action into the injunctions. Like I say, I doubt within the crystal procedurals that CPL turn straight. They're also rattled Practice directions appended to those blood white induction crisis is such that if you are going to make an injunction, application, do so promptly because I knew unreasonable delay may harm the employees. Chances of success is going to wait. Performer notes for strike to be issued or and results ballot Immediate Van egy pounding limited RMT called grandson in Georgia based on a defective notice of intention to ballot holding quite. But there's a clue in excess between that region employed a first responder and that the prospect of a strike where sufficient unit So there is authority also to suggest that it would not feel musical. Are they apply to wait for a strike. Nice speech before seeking an injunction, even if the defense right to perhaps an early stage in the bottom process, for example, about night. So in Metro Nine Travel LTD. And others a United Union, the high court help following implies were quite and tried to take the view that the issue proceedings and amounts of such as this before the issue of tonight's industrial action was premature and that the employers cannot be Chris side. We're not charging the defective ballot notices another stage in quite so what these cases demonstrate whether demonstrate that wants its encouraged, that you do not delay in bringing interim job application with a view to track that violent Georgian but that potentially, that might be good reason. We're not wanted to bring it in Italy. It might be because you always have to be compliance. It might be that you are trying to come up with some kind of negotiation. In the meantime, eutrophication dough should normally be made at the same time or shortly after issuing your claim full, so I would encourage you to avoid debates because of plane. But I usually served at the stage almost served in 14 days off serving cream form. But it might be that in that time, introduction can be granted. But I entirely for proteins, even commandments. When I see if you are 25 went to Section one. It's possible to apply injunction before should the claim form in urgent cases, especially if it's in the interest of justice. Much 5.2 actually to potatoes? Yeah, What about their judging cases? Well, imagine cases tend to be where the union has surfaced arch manipulator of industrial action. And there's little time in which perhaps the employer can take the Popeyes or try and get an injection through the war. Slightly. Love your protest. So these kind of cases, the courts have the ability to act quickly. So if it is very urgent, it's not uncommon for here's take place. Out of hours even can take place by telephone about some practice direction. 25 a 4.24 point five. Do you see that? A case of Gate Gourmet knowing London LTD. On Transport and General Workers Union. Others. This is an example of what does it here that took place over the weekend market haven Port Authority unite Also seen that side for this was not an urgent case. It wasn't just reaction that was due to take place. I think it was on a Wednesday or Thursday on the important issues, claims are. Until the Tuesday was only two days before strike, however, they only had no formal notice from the union. As a result, he was on the Wednesday that the high court heard both parties and granted interim injunction because and in this case, if you're not at the union, that's what Commissioner to appeal to the court appeal, which had decided the appeal the next time where it is that a defendant is likely to be arguing that there has being, for example, a trade dispute and the court was not making Junction was always was tapped being taken to get the defendant's employer notice of the application. Andi opportunity to make representations im a section that session 2 to 1 protection one with two l r c I. So we tried unions. The noticed come usually given its may be more difficult when employers seek interest rate individuals from off pregnant in, especially if they cannot be readily identified not just a group of people outside your office or place of work or case of business. So generally speaking, Mexican application must be served on the defendant three clear days before the hearing, the defendant being in these cases at the Trojan onto the employees just to clarify and the rules for that Isett CPR Turn treatment seven and 2.8. Sexual, too, do you very mind side that night. Open application in terms of ST Clair days does not include weekends or by car days. That's CPR 2.84 So I see PRT Fuentes was actually for so the court don't have the power to decide shorter notice. That's a factor of 23.7 subsection four. So, just for example, in urgent cases, it is important to take steps that's provided the defendant with copies of the application natives evidence on draft order, if appropriate. But there are situations when you may find that it was unable to serve that, and it might be that there was a hearing held without nighters before, before we served it Is that CPR to entry point for which case at best, try and give a full noticed by type, phone, fax, email or whatever matters to count, which is reasonable on which could be preserved. Fall within the ambit of set CPR 23. If you're unclear about that, do you see Prop Station 25.4 Joe out Any of these cases, like with anything, you do have a duty full and frank disclosure normally with Johnson L. B. A return date for a hearing on notice to decide if the injunction should be confirmed or status. Sorry, this is the Internet Junction. I'm not talking about finding this sounds very case where there might be imagines job to made, for example. But in any event, it might be that in the final hearing from a junction here that might be decided that intermediate should be set aside in any event or it could become burnt be finalized. It might be that one of the reasons given process Messiah to stop employing may not have given who will practice that is important. Great parties dio continued duty for frank disclosure, but it might be considered more onerous on the party. Employer makes distended who's got more to lose if it turns out that they have not have full practice courage, and they would put my hand in the pocket to pay for the preceding. I suggest that any of what is out there and make sure that they comply the full and frank disclosure duty, bringing to the court's attention any relevant matters of fact, including that which may have to help you find him. It is understood that there might be difficulties, of course, working within a tight time friends. But the reality unions on the price to your give seven days previously, unions were only applies to give seven days notice. We don't industrial action now, however, since about March, salads and team, the notice of distraction has been extended to 14 days. So I'm calling, wishing to charge the guard to process after service of the notice. I only have a very limited window of time in which to do so, but it might be that has come presented even great problems for the union as demonstrates the case of Metro Line because in the case of Metro Line, you think noted Friday of a strike to start in five Friday that day it was on the Tuesday after notice their worst sisters gave it will notice that there be seeking injunction two days later on Thursday, but they gave no details at that stage, where the grass is the application. They also did not serve absence until after quite a basis on the Cheetah. Even that left the union itself, which is a time to prepare that would be expected. Union wasn't very happy and said this to the court, but there's no reason tonight on the costume player that calls Prejudice because he and you have no time to take captains from offices. I'm Stewart's on employees in that case is about most opposite charges, and it was important. But let's put it to the most decorated carriages, but they simply didn't know at the time. So the court rejected this argument. It said that there were not tonight unreasonably waited strike nighters before seeing injunction. Election failure result. Beings at union that Tony says the minimum seven day notes for strike courtesy has been on the back foot. Of course. Now, with the 40 days it might, you know, this is preferential for both size. What about cross undertaking in damages? Well, it might be that the employers seeking injunction may be required to cross undertaking in damages. What this means. Deceptive in interim injunctions granted but employ only just a case for trial was compensating three packs of the in Georgina period difficulty that is actually trying to quantify. But it might be that the employees provide evidence that it is actually able to meet. But on the taken but poor finances is not necessarily impediment asking in Gate Gourmet. Then it's really Doctor was granted despite the company's current quote. Colleges Financial state. But difficult, I can say with undertaken is actually putting that. You sort of figure on it how you would actually calculate what those are, uh could be in the events off on Egyptian battle here and being lifted, because actually, you should never be in an introduction to begin one reason on. But if it is not an employer, you also assessment, obtaining into to believe, then the order must be drawn up in sealed, certainly on any of the parties listed in in Georgia, where it's well possible, so that should be prompt on in person. But it might be that the claim form has not been issued. Like I said, before, and also so it might be that you ensure so ensure this is done. Urgent. We're gonna turn in court, for example. Instead of particular claim. There's no within 14 days off Queen for well throughout the entire time. It's important to try and negotiate in. Communicate. Like I say, many cases don't end up with a plan in Georgia State. Even if the husband entered Junction because parted, do discuss, I might have a I tried to believe his own united anyone because it might that the union will have a fresh but immediately after the call here. So why? Well, an interim injunction granted, he says, it slide home mentoring dropped. You may be granted if the MIC astronomy guidelines are followed and these are set out in your night so I won't be going through the each of those in turn what they are really good pointers. And they also talking celibacy rules industrial action cases. Damages will be very round like a site to be not a quick remedy because there is often a Catholic damages claims anyway against him, so give me almost tops and destruction. Patton and destruction could cause to an empire and even to the pulpit themselves and wanted a refund on trains in the light. It might be a balance of convenience. Point would almost always seem to be Labour employer. But that doesn't mean that the court grants injection without considering this truck to be in his defense. And the reasons for that. Oh, it's fun. One injunction is usually under the matter onto there's a starts to do you two ever going to learn and in Georgia is usually the end of the matter. So in the case of NWR Limited on Woods, the House of Lords warned judges not to ignore the fact that distraction is the only factor when quote young in heart. Because consideration advanced, convenient should include distracted each party's case. An interim injunction in the case off, uh, cane and global natural resource Is waas such that it was an introduction was refused on the matter, determined out on the basis that it would have effectively deny the defendant the opportunity of having a match to turn it on. But in that case, the course repeal. You know what's a far saying that the Americans are enemy test, which again, like so you set up, you know, is I think likable wears a full trial, is likely to occur. Lots of other cases into injunction should be granted where the case is a claimant. The where is so overwhelming that a trial wouldn't do today. Always time. But you must be careful that well stays remarks potentially go further. What was under me? Well, it doesn't seem to make much difference to how the courts approach these cases. Would you bear that in mind? Because that will be some that the court could consider on the bass communities? Probably out all the Americans Enemy guidelines or test is probably the most relevant industrial injunction cases because of the effect it has on the public at large reputations. The employer I'm not least also at the consulate will have economy as a whole. Potentially Rihanna, who it is, that is the employer. That doesn't mean that the culture or you have a pre Dustin view, but do be aware as employees or union, not this into prosperity. That is, to some extent, heavy weight to the games. Just on that basis, in a second racist, I should do to you like a side to have a God merits. In any case involving a trade dispute, the court has started duty to quite have regard, like one of the defendants succeeding at the trial. The action in establishing any matter which could would have brought a defense. The action two sections. Do you on 9 to 20 in other words, the Union immunity Unlawful picked in defense that said that that Section 221 subsection two on the sections in referring to From Team What do you L R C A. So what this means is that an injunction should. Normally, reviews of the union can show that it is more likely than not that it would establish community, such as in the case of Under the are limited in words. This principle was applied in the case that I mean dies limited big. Where's the court? Refused in Georgian. Whether GMB union was more likely not to establish the Notre distraction contained the required information, whereas in the case of British, I Wait PR Stephen Unite. In 2009 High Court found United's defence felt extreme short. You have no real prospect of succeeding because union did not provide evidence, but it taking useful steps to ensure the accuracy information in ballot or indeed, in the nicest distraction themselves. And then, finally, is it? Is it the case that could get injunctions against individuals? Well, Theo, answer to that is that under section 236 of the tea out our Seattle, it is not possible to restrain employees themselves from striking or taking industrial action. This is because the Pacific performance, the employment contract or inductions going to breach the employment contract cannot compound employees to work or attend the workplace. That Section 23 sit. So in terms of interactions against employees, for individuals, it's just not possible. And even lawfully organized destruction is often also yourself comic by Picket him, which may lead to someone breast outside on employees premises. Now picketing the workplace is local, provided system peacefully, have supported, communicates information on persuading employees, not work. Um, so long as it only indulging officials amply employees and stuff. And any former stop dismissed called a dispute. In other words, nobody house no media. They'll have them picked in on your behalf. We're, you know, family relatives. It may be possible to obtain in Georgian circumstance such as day to prevent picked him. That goes beyond just that into a strict numbers. A number of people on medications for help to the pickets, by which I mean the number people. I mean that the number picketing locations itself, on the type of people that can kind of pick it. So if there is a local picket, picket in the court will not usually granted blanket injunction against individual Union says individual may protect You have no defence to the action techniques, great newspapers and so happy to and others. In 1986 I out our 337 by example. If across there are individual troublemakers and they can be identified and that are not activities that can be particularly prized, that it might be that the court will in most situations grants, George. So unless I can be of any further assistance, you please come contact me if you find that this has been a useful 13 off injunctions in the context of distraction is only meant to be a summary. If you do want more substantial analysis and please do that data No, no, I'm sure they can facilitate that myself. What with practitioners. Do you have a look at the webinar violation for Duke completed? I'm hoping be helpful to you.