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11 month old strike ballot was out of date

02 February 2015 #Employment


The High Court has granted an interim injunction against a union preventing it from taking industrial action in relation to an industrial action ballot that had been carried out 11 months previously. The court held that the industrial action could not be said to be continuing, and therefore at some point shortly after the previous strike the authority of the ballot to sanction industrial action came to an end. The court also held that the true reason for the industrial action was not the dispute that had been the subject of the ballot, but rather a later dispute, and so the industrial action was unlawful in any event. (Westminster Kingsway College v University and College Union [2014] EWHC 4409 (QB).)

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