Unions 'unlikely' to gain injunctions against BA and Royal

[Geezer]

http://www.peoplemanagement.co.uk/pm/ar ... expert.htm


Court orders would be a ‘better weapon’ than strikes
Lucy Phillips

Publication date: 3 November 2009
Source:
PM Online

The High Court is 'unlikely' to grant the orders, 'because of the precedent it would set for public policy'.

Trade unions at British Airways and Royal Mail will probably fail to obtain injunctions preventing planned changes to jobs, an employment lawyer has predicted.

Unite is trying to obtain a court order to stop BA’s proposed alterations to the working arrangements of cabin crews. The union is also threatening to ballot for strike action.

The Communication Workers' Union is seeking an injunction to prevent Royal Mail from using temporary staff to offset the impact of nationwide strikes by its members, who face changes to their jobs, pay and conditions.

David von Hagen, an employment partner at Winckworth Sherwood, said the High Court was unlikely to grant the orders because of the precedent it would set for public policy.

“The justice system at times has to take into account the wider public context. It would be a bold judgment to uphold an action by a union to prevent an employer from drafting in temporary workers for an essential public service,” he said, referring to the Royal Mail dispute.

In the BA case, von Hagen said a court order was “not the normal remedy” because injunctions were only a short-term preventive measure, while the dispute was about terms and conditions.

But von Hagen added that a successful injunction in both cases would be a “better weapon” for the unions because public sympathy for the strikes had dwindled.

“A court order can confirm legitimacy or illegitimacy. Holding a strike can’t. If the unions were successful in obtaining an injunction, it would be a real public relations coup, because to the outside world it would portray the employer as trying to do something unlawful,” he said.

Von Hagen, who agreed with business leaders that fears of another “winter of discontent” had been overstated, predicted some unrest in the public sector, but said the unions were no longer strong enough for such resolute action.

“You may have spasmodic strikes, but it will not be like the three-day week or the miners’ strikes. That won’t happen in a privatised and outsourced service economy,” he said.

[smokerjim]

Justice is blind - until business and profits and management's draconian practice's are under threat.....nice to know where you stand ( in it up to the neck )