The courts are growing less willing to grant injunctions to employers to prevent strikes going ahead, explains Alice Carse
Two recent High Court decisions indicate that the courts are now taking a less stringent approach to determining whether a trade union has complied with the requirements of the procedures for balloting members on industrial action. This is in line with the Court of Appeal’s finding in Serco Ltd v National Union of Rail, Maritime and Transport Workers [2011] that the requirements in Part V of the Trade Union and Labour Relations Consolidation Act 1992 (TULRCA) are not meant to be unduly onerous for unions to comply with.