Industrial action ballots

The facts

The construction union UCATT organised an industrial action ballot, which the employers claimed was unlawful because the union had not correctly identified those who were being balloted.

The ruling

The High Court held that the ballot was unlawful. The union had notified and balloted the wrong number of members because its records were incorrect, even though it had or could have had access to data that would have rectified the errors.

The ruling emphasises the fact that, until the legal rules are changed, unions have to take all steps possible to ensure that their membership records are accurate when balloting for industrial action.

Willerby Holiday Homes v UCATT, High Court 2003