RMT V Serco Ltd

''RMT v Serco Ltd'' and ''ASLEF v London & Birmingham Railway'' EWCA Civ 226
is a joined UK labour law">011
EWCA Civ 226
is a joined UK labour law case, concerning the right to strike under the Trade Union and Labour Relations (Consolidation) Act 1992.

Facts

An injunction was granted against Associated Society of Locomotive Engineers and Firemen, ASLEF after the union included two members in a ballot who were not entitled to vote, 605 people altogether. In the ballot, 472 voted, and 410 were in favour of taking collective action. The employer argued that this violated TULRCA 1992 section 226A, which requires accuracy in who should vote. It also argued that the union did not provide accurate information in the notice of its intention to hold a strike ballot.

The High Court held that the notice of the ballot was inaccurate because two extra members were included.

Judgment

Elias LJ held that the inclusion of the extra members was a trivial mistake, and excusable. It was necessary to read all the words of the statute, especially TULRCA 1992 section 226A, so that the union was required only to provide information ‘so far as reasonably practicable is accurate at the time it is given having regard to the information in the union’s possession’.

Elias LJ gave the leading judgment, with the following introductory ''obiter dictum''.cf ''Crofter Hand Woven Harris Tweed Co Ltd v Veitch'' 942AC 435, 463, the "right of workmen to strike is an essential element in the principle of collective bargaining" per Lord Wright and '' Morgan v Fry'' 9682 QB 710, 725, 'It has been held for over 60 years that workmen have a right to strike...' per Lord Denning MR

Etherton LJ and Mummery LJ concurred.

See also

*UK labour law

Notes

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References

*R Dukes, ‘The Right to Strike under UK Law: Something More than a Slogan?’ (2011) 40 ILJ 302

United Kingdom labour case law