Key Facts
- •Warrington Borough Council (WBC) sought an interim injunction against Unite the Union to prevent discontinuous strike action by WBC employees at its Woolston depot.
- •The strike action was in relation to the 2023/24 pay deal, following the rejection of the National Joint Council (NJC) pay offer.
- •Unite rejected the NJC offer and pursued local negotiations with WBC, focusing on issues specific to waste workers.
- •WBC argued that the strike action was unlawful as the ballot related to a resolved national pay dispute and involved only a subset of balloted members.
- •Unite contended that a trade dispute continued concerning the pay deal and additional elements, despite the NJC agreement.
- •The strike caused significant disruption to waste collection, leading to complaints and public health concerns.
- •The court considered whether Unite's actions were protected by statutory immunity under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A).
Legal Principles
Interim injunction principles (American Cyanamid test): serious issue to be tried, adequacy of damages, balance of convenience.
American Cyanamid Co v Ethicon Ltd [1975] AC 396
In trade dispute cases, the court considers the likelihood of the defendant succeeding at trial in establishing a defence under section 219 TULR(C)A.
NWL Ltd v Woods [1979] ICR 867; Hadmor Productions Ltd v Hamilton [1982] ICR 114
Statutory immunity from tort liability for inducing breach of contract if done in furtherance of a trade dispute (section 219(1) TULR(C)A).
Lumley v Gye (1853) 2 E & B 216; Allen v Flood [1898] AC 1; OBG Ltd v Allan [2007] UKHL 21
Requirements for ballot validity under TULR(C)A, including a summary of the matters in issue (section 229(2B)).
Argos Ltd v Unite [2017] EWHC 1959 (QB)
The ballot must relate to the trade dispute; a ballot about one dispute cannot authorize action for a different one.
Westminster Kingsway College v University and College Union [2014] EWHC 4409 (QB); London Underground Ltd v National Union of Railwaymen [1989] IRLR 341
The court should take a practical, contextual approach to interpreting the ballot's scope, recognizing that trade disputes evolve.
Monsanto plc v TGWU [1986] ICR 269 CA; LB Newham v NALGO [1993] IRLR 84; ABP v TGWU [1989] IRLR 292; Thomas Cook Airlines Ltd v BALPA [2017] IRLR 1137
Outcomes
The application for an interim injunction was refused.
The court found it most likely that Unite would succeed at trial in establishing that the strike action was protected by section 219(1) TULR(C)A. The ongoing dispute over pay, even after the NJC agreement, was considered genuine, and the subsequent negotiations were viewed as attempts to resolve the existing dispute, not a separate one.