Court dismisses Balfour Beatty’s legal challenge over strike ballot
16 February 2012
Britain’s largest union, Unite, welcomed today’s High Court
ruling which dismissed a legal challenge by Balfour Beatty
Engineering Services (BBES) over a legitimate strike vote by
construction workers.
BBES had tried to halt the prospect of strike action by
challenging a ballot of electricians, plumbers, heating and
ventilating engineers. The democratic ballot saw a vote of two to
one in favour of strike action.
In his ruling Mr Justice Eady said: “It seems to me that, so far
as reasonably practical, every person entitled to vote had a voting
paper sent to him/her and also was afforded a convenient
opportunity to vote by post.”
The judge also commented "Indeed, I think it fair to say that
Unite went to considerable lengths to ensure democratic legitimacy
which might be thought to exceed what would ordinarily be
expected."
He went on to add: “I am not persuaded that Unite is threatening
or intending to do anything that would be unlawful. There would be
no ground, therefore, on which to grant an injunction.”
Lawyers for BBES had argued that Unite had breached section 230
(2) of the TULRCA. The lawyers argued that Unite had failed, so far
as reasonably practicable, to ensure everyone who was entitled to
vote in the ballot had received a ballot paper.
Commenting, Len McCluskey, general secretary for Unite, said:
“This is a historic ruling that supports our members’ legitimate
right to strike. All too often employers are trying to use the
courts to undermine the democratic will of their workforces, when
they should be putting their energies into resolving disputes. We
trust that employers will now recognise that disputes aren’t
settled in the court room but around the negotiating table.”
ENDS
Mr Justice Eady’s ruling can be found online: http://www.bailii.org/ew/cases/EWHC/QB/2012/267.html
For further information contact Unite head of media and
campaigns Alex Flynn on 020 3371 2066 or 07967 665 869
