Union application for injunction to prevent waste collection defeated
The High Court refused a novel interim injunction application against Birmingham City Council in which Unite attempted to enforce a collective agreement. It sought to restrain the use of crews which the Council had deployed to clear waste on the streets to reduce the effects of industrial action taken by Unite’s members. The Court held that the Council and the public would suffer greater irredeemable prejudice (applying National Commercial Bank Jamaica v Olint Corp [2009]) whereas the union had little evidence of prejudice and had delayed too long in seeking an injunction. Unite was ordered to pay the Council’s costs. A speedy trial to determine whether the Council’s use of mop up crews to clear uncollected waste is a breach of a collective agreement will be listed in May 2019.
Andrew Burns QC and Marianne Tutin acted for Birmingham City Council.
This case has been covered in the media, including BBC News, ITV News and Birmingham Live
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