Unite, the UK’s largest union, has won a key legal victory
overturning attempts to restrict the right to picket during strike
action. The legal case arose as a result of a dispute
involving Sutton Tanker workers based at Ellesmere Port. The 30
workers have been on strike since Friday 19 January as a result of
the company’s plan to dismiss and re-engage them on inferior terms
and conditions, which would result in their pay being slashed.
On Wednesday 24 January Unite was...Request free trial
Unite, the UK’s largest union, has won a key legal victory
overturning attempts to restrict the right to picket during strike
action.
The legal case arose as a result of a dispute involving
Sutton Tanker workers based at Ellesmere Port. The 30 workers have
been on strike since Friday 19 January as a result of the company’s
plan to dismiss and re-engage them on inferior terms and
conditions, which would result in their pay being
slashed.
On Wednesday 24 January Unite was given less than 30
minutes warning that Eastham Oil Refinery Ltd of Ellesmere Port,
where the workers are based, was in court seeking an injunction to
prevent picketing in the locality.
As Unite was given no time to attend court and defend
the case, a temporary injunction was granted and the case was
adjourned until Thursday 1 February.
At last week’s hearing, Unite overturned the injunction
and secured the right to picket at the entrances of the lorry park.
The court confirmed the separate right to conduct lawful protests
on the public highway.
Unite, which had already proposed what the court
eventually ordered, was awarded full legal costs from 12:00 on
Tuesday 30 January. Eastham Oil Refinery Ltd was refused any costs
for the hearing on 24 January or following, owing to failings with
its application.
The case was handled by Unite’s Strategic Case
Unit.
Unite assistant general secretary for legal services
Howard Beckett said: “This was a key legal
victory. It was vital to preserve the right to picket during a
lawful dispute.
“If Unite had been unsuccessful the fundamental
right of freedom of association would have been greatly
restricted.
“Frankly the action of Eastham Oil Refinery in
seeking an injunction without allowing Unite to mount a defence was
contemptible and I hope this defeat will persuade other companies
not to try the same tactic in the future.”
The Sutton Tankers strike is continuing and today
(Monday 4 February) it enters its third week.
Unite regional officer Colin Carr
said: “Although Sutton Tankers has made a slightly
improved offer this has been rejected by the workforce as it in no
way meets the expectations of the workforce, who still face
sweeping cuts in pay.
“We urge the management at Sutton tankers to make
a vastly improved offer in order to ensure that we can return to
the negotiating table.
“Unite remains ready and willing to meet Sutton
Tankers at any time in order to resolve this
dispute."
