Trade unions often hold firm views as to what their members should or should not be asked to do by their bosses – but one High Court case has underlined that they must not overstep the mark and induce employees to breach their contracts of employment (Govia Thameslink Railway Limited v The Associated Society of Locomotive Engineers and Firemen [2016] EWHC 985 (QB), [2016] All ER (D) 20 (May)).
The case concerned Govia Thameslink Railway, which operates the Gatwick Express service. The company had given an instruction to its staff to operate 12-carriage trains with a driver alone and no conductor. The Associated Society of Locomotive Engineers and Firemen (ASLEF) believed that this would put both the travelling public and its members at risk. However, the company sought an emergency injunction on the basis that the union had encouraged, procured or persuaded its drivers not to obey a lawfully given instruction.
Ruling in the company's favour, the Court found that it had a strongly arguable case that its employees were obliged to operate the driver-only trains. There was also a strong argument that ASLEF's communications with its members amounted to an inducement not to comply with such an instruction. There was also a less powerful, but still arguable, case that the union knew that, if persuaded to act in accordance with that inducement, its members would be breaching their contracts of employment.
The Court heard further argument as to the precise wording of the injunction.
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