Southover Street Seagull
Well-known member
Work locations shoud be irrelevant if the RMT had kept their listings up to date - but the RMT sent ballots to these incorrect places expecting there to be members there to be able to vote, they also missed quite a few work locations from which members should have been ballotted. That makes it relevant.
The court thought it was all a shower of shite anyhow, and the actual votes that were cast are now irrelevant as the whole process wasn't properly carried out.
They didn't send ballot papers to work addresses, they sent them to their home addresses.
Read the blog and you will see why the workplace has been used by some of the press:
New Labour’s “Fairness at Work” legislation, the 1999 Employment Relations Act, amended 1992 legislation such that a union had to give notice to an employer, “containing such information in the union’s possession as would help the employer to make plans and bring information to the attention of those of his employees”. It dispensed with the need for a union to give the names of individuals to be balloted. The unions considered this a gain since they did not necessarily want to have to give management a list of all their members.
However, there was a sting in the tail. The new legislation now obliged a union to provide a list of the grades/categories, the workplaces, and the number of grades in each and every workplace.
The 2004 Employments Rights Act said this list “must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time”. It is, of course, a nightmare to keep accurate and updated information on such detail as this because members are always coming and going, changing jobs, moving to different work locations and so on.
This is where the employers are getting the unions caught out in court, they are saying the information about workplaces is not accurate and this it seems is how in this case they got the ballot overturned.