Overview

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation.

In particular, uncertainty exists over the degree to which trade union failures in the strike ballot process will invalidate any strike that follows.

In this briefing, Eversheds review an important decision made by the Court of Appeal in relation to industrial action involving London Midland Railway and London Docklands Railway.

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