header-logo header-logo

Trade union

17 March 2011
Issue: 7457 / Categories: Case law , Law digest
printer mail-detail

Serco Ltd (trading as Serco Docklands) v National Union of Rail, Maritime and Transport Workers [2011] EWCA Civ 226, [2011] All ER (D) 65 (Mar)

If a member who was not entitled to vote was wrongly given the opportunity to do so, that would be a breach of s 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, rather than s 227(1); however, s 232B applied whichever section was infringed. The premise of s 232B was that there was a breach of s 227 or s 230(2) as the case might be, otherwise the section would not come into play.

Where s 230(2) was infringed, the premise was that the union had not done what was reasonably practicable to prevent those not entitled to vote from voting. The only question was why it had failed to prevent them voting. If it conferred the opportunity to vote on those whom it knew or should have known would not subsequently be induced to take part in the strike then it could not rely on the exception.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll