Workplace Report March 2001

Features: Law at work

Court thwarts rail union's strike plans

A Court of Appeal ruling against the RMT railworkers' union represents a major attack on the ability of unions to engage in industrial action.

The Court ruled that unions have a legal obligation to give employers any information in their possession or in the possession of union officers (including branch officials). This includes information that would help the employer to identify those who would be taking industrial action so as to make plans to respond to it.

The court also ruled that unions cannot escape this obligation by pointing to the fact that administratively it would be more difficult to provide the information than it would have been to provide the names of members, a requirement which the 1999 Employment Relations Act removed.

The court also said that it is not up to unions to decide what information might or might not be useful to the employer. They have to give any information they possess. RMT re-balloted and won a large majority in favour of strike action against London Underground.