British Airways v Unite

The judgment of the Court of Appeal has now been published. The reasoning is pretty much as anticipated in my previous post – there is no mention of human rights at all. Indeed, if anything, its ratio is narrower because Lord Chief Justice Judge says that a liberal approach to the notification requirements could not be taken when informing an employer of the results of a ballot. It is only because the purpose of section 231 of TULRCA is to protect union members and not employers that there is less reason to apply it strictly when there is overwhelming support for a strike ballot.