Industrial action: unions must not prevent, or hinder, the voting process (Royal Mail Group v Communication Workers Union)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• The decision of the High Court
• What did the Court of Appeal decide?
• Case details

Article summary

Employment analysis: Under section 230 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), union members must be allowed to vote in a ballot for industrial action without ‘interference’ by their union. If this requirement is not met then the union risks losing its statutory immunity against tortious liability (eg for inducing a breach of contract). In this context, ‘interference’ means conduct, whether by words or action, which has the effect of preventing, or hindering, the ordinary course of the voting process. It is not limited to conduct which amounts to intimidation, coercion, fraud or the like, according to the Court of Appeal.