Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employee relationsIndustrial action / strikesHR strategyTrade unions

British Airways’ second strike injunction could damage Unite’s reputation

by Kat Baker 18 May 2010
by Kat Baker 18 May 2010

The Unite union could see its reputation and influence diminish in the wake of the second High Court injunction preventing British Airways (BA) cabin crew from striking, experts have predicted.

Yesterday, the High Court ruled that Unite’s planned 20 days of strikes against BA were unlawful, after the union failed to provide sufficient details of the ballot results to its members.

The airline secured an earlier injunction in December after proving Unite had balloted workers no longer employed by BA.

David Bradley, head of employment law at DLA Piper, said Unite’s reputation “has taken a dent” in employers’ eyes.

“Employers will be much more careful to challenge and scrutinise any ballot and notification of industrial action made by Unite now, and also by other unions,” he told Personnel Today. “It clearly doesn’t attach a great air of authority and professionalism to the top of the union when you get technical things wrong when it comes to balloting and notification.”

Tom Flanagan, employment partner at Pinsent Masons, added the ongoing dispute with BA had led to an “almost universal condemnation” of the union, and this could make employees “slow to support Unite”.







Law at the centre of BA/Unite ruling



Trade Union and Labour Relations (Consolidation) Act 1992
Section 231 Information as to result of ballot

As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are informed of the number of:



(a) votes cast in the ballot,

(b) individuals answering ‘Yes’ to the question, or as the case may be, to each question,

(c) individuals answering ‘No’ to the question, or, as the case may be, to each question, and

(d) spoiled voting papers.

He said: “The biggest loss will be to reputation; they may have difficulty launching effective industrial action in other sectors if employees feel they will be tainted by the reputation that Unite has gained in this strike.”

But Flanagan added that, as the largest union in the UK, Unite was so diverse that people in other sectors might not feel the dispute bears any relation to their situation.

John Read, employment editor at XpertHR, suggested that members required to pay an annual membership fee of more than £130 could now question how the union had repeatedly failed to conduct legally-binding ballots, with all the resources at their disposal.

He said: “Unite’s reputation has surely been damaged by its repeated failures, but I suspect that the BA cabin crew will continue to direct their anger against BA, rather than their union.”

Unite has applied for leave to appeal against the High Court’s ruling, and a verdict on whether they are allowed to appeal could be given today. If granted the right, an appeal could be heard as soon as this evening or tomorrow. But Flanagan said he would be surprised if the union succeeds because there are limited grounds for appeal.

Avatar
Kat Baker

previous post
Redundancy criteria in spotlight after male employee wins sex discrimination case
next post
Equality Act: new disability discrimination provisions and employers

You may also like

How should HR handle the highest inflation in...

18 May 2022

Deliveroo signs deal with union GMB to cover...

12 May 2022

Post Office staff strike over below-inflation pay offer

3 May 2022

Union accuses easyJet of corporate bullying over staff...

29 Apr 2022

A dark day for workers’ rights – why...

29 Apr 2022

Network Rail: unions angered by ‘work harder at...

28 Apr 2022

Managing change for HR: five top tips for...

26 Apr 2022

Home Office civil servants angry at Rwanda asylum...

22 Apr 2022

Hybrid working: executives returning to office less than...

21 Apr 2022

Union announces ballot for ‘biggest rail strike’

20 Apr 2022
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+