Birmingham City Council v Unite the Union and another

Trade Dispute – Acts done in contemplation or furtherance of trade dispute. Birmingham City Council (BCC) unsuccessfully applied for an injunction to restrain two trade unions (Unite and UNISON, together, the defendants), which represented members employed by BCC, from calling industrial action over a pay dispute. The Queen's Bench Division held, among other things, that it was more likely than not that the defendants would succeed at the trial of the action in establishing that the protection in s 219 of the Trade Union and Labour Relations (Consolidation) Act 1992, concerning an act done by a person in contemplation or furtherance of a trade dispute, would apply. Accordingly, the application for an interim injunction was dismissed.

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