Warrington bin strikes to continue, High Court rules

The council brought forward its case at the High Court earlier this week, with the judge issuing her ruling today, Friday.

Presided over by Mrs Justice Eady, the case was heard at the Royal Courts of Justice in London.

Bins have been overflowing across Warrington since the strike action began (Image: Supplied)

The case, Warrington Borough Council vs. Unite the Union, saw the council take the trade union to court over its continued use of industrial action, which has ensured that household waste collections have not regularly taken place since October 3.

However its bid for an injunction to stop the strikes has been dismissed this afternoon, Friday.

A council spokesman said: "We can confirm, with deep regret, that this interim injunction has not been granted.

"This ruling may lead to significant future implications for all councils who continue to abide by the national pay agreements for local government.

READ MORE > What the judge said in bin strikes ruling

"It was our belief that we had a strong case and good prospect of a positive outcome. While this judgement deems the current strike action by Unite to be lawful, we continue to be hugely disappointed by the impact that their course of action is causing for our town. We continue to call on Unite and their members to end the strike and to return to work.

"We know that this ruling is not an acceptable outcome for our residents, whose bins desperately need emptying.

"We continue to consider legal options including whether to appeal the court decision. We also have a number of contingency plans we now intend to immediately take forward. We will offer a further update as soon as possible."

The council sought the injunction on November 22, claiming that the strike focused on local issues at the Woolston Depot, which was not part of the national NJC pay claim nor the subject of a ballot, making the action unlawful. 

However, in her judgment, Mrs Justice Eady said: "Just because a particular matter raised in negotiations had not been listed in the original NJC claim does not mean that it was not being raised as part of an attempt to resolve the dispute relating to that claim.”

Mrs Justice Eady continued in the judgment: “Once strike action has commenced, resolution of the trade dispute for which it has been called will generally necessitate resolving any issues that might relate to the taking of that action (e.g. lost pay, pension or holiday entitlement; protection of agency workers who refused to cross the picket line; etc).  I do not consider that raising the question of holiday accrual for those involved in the strike action or the issues relating to agency workers who did not cross the picket line at the depot demonstrates that the defendant was in some way pursuing a different dispute.” 

The Council also argued that the ongoing strike action initiated at the Woolston Depot led to a build-up of waste and a potential risk to public health. 

Mrs Justice Eady acknowledged the impact the industrial action would have on those affected but said: “I also acknowledge the very real costs and difficulties faced by the claimant [Warrington Borough Council].  At the same time, however, I must include in the balance the rights of the defendant [Unite] and its members.  Weighing the balance of convenience in the light of all these factors, I do not find that this is such an exceptional case as to warrant the grant of an injunction…” 

Unite general secretary Sharon Graham said: “The fact that Warrington council lodged this legal challenge, which sought to take advantage of an anti-trade union law, should go against everything Labour stands for, it is a disgrace. It was also a massive waste of taxpayers’ money.

“The ‘industrial reality’ is that there is only one way to settle this dispute and that is for Warrington council to get back into negotiations and put forward a reasonable offer. Warrington refuse workers have their union’s absolute backing as they strike for a fair pay rise.”

Rachel Halliday, a partner and member of the specialist Trade Union Law Group at law firm Thompsons Solicitors, who acted for Unite, said: “The judge rightly recognised the industrial reality that those involved in negotiations to resolve a trade dispute may well need to look for new and creative solutions to move beyond an impasse. 

“This is a helpful judgment for trade unions in that it makes it clear that the requirement contained in the Trade Union Act 2016 to provide a summary of the trade dispute in the ballot paper means a summary and not a list of every conceivable issue which might arise during the course of negotiations.”

A new strike from December 4 has now been called which could run until Christmas Eve.

Most residents in Warrington have had one bin collection since early October.

The council has 21 days to appeal the ruling.