High Court

03 June 2016

Regarding: Trade dispute between ASLEF and GTR Southern / Gatwick Express. The extension of Driver Only Operation (Passenger) without the agreement of ASLEF and contrary to established procedures.

After a decision in the High Court on Thursday 2 June 2016, the General Secretary unfortunately has to advise members that until trial or further order, ASLEF must not whether by itself, its servants or agents, directly or indirectly, and by any means whatsoever, instruct, induce, or encourage members employed by GTR Southern & Gatwick Express to take any industrial action (whether a strike, or industrial action short of a strike) in reliance on the ballot for industrial action of 23 May 2016 concerning the above dispute.

A fuller copy of the Order is below for your information. Members will be advised of any further developments on this matter.

Claim No HQ16X01325In the High Court of Justice, Queen's Bench Division on the 2 June 2016 before the Honourable Mr Justice Supperstone.

Between GOVIA THAMESLINK RAILWAY LIMITED Applicant/Claimant-and- ASLEF the Respondent/Defendant

To: The Associated Society of Locomotive Engineers and Firemen, c/o Mr John Michael Whelan, General Secretary, The Associated Society of Locomotive Engineers and Firemen,77 St John Street, Clerkenwell, London EC1M 4NN

ORDER FOR AN INJUNCTION

PENAL NOTICE

IF YOU THE WITHIN NAMED ASSOCIATED SOCIETY OF LOCOMOTIVE ENGINEERS AND FIREMEN DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND LIABLE TO BE FINED OR TO HAVE YOUR ASSETS SEIZED AND ANY OF YOUR DIRECTORS OR OFFICERS MAY ALSO BE LIABLE TO IMPRISONMENT OR TO BEFINED OR TO HAVE THEIR ASSETS SEIZED

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED

IMPORTANT:-

NOTICE TO THE DEFENDANT

(1) This Order prohibits you from doing certain acts, and obliges you to do certain other acts as set out in this Order. You should read it all carefully. You are advised to consult a Solicitor as soon as possible.You have a right to ask the Court to vary or discharge this Order.

(2) If you disobey this Order you may be found guilty of Contempt of Court and any of your directors or officers may be sent to prison or fined and you may be fined or your assets may be seized.

An Application was made on 24,26 and 27 June May 2016 by Counsel for the Claimant to the Judge and was attended by Counsel for the Defendant. The Judge heard the Application and read the Witness Statements listed in Schedule 1 and accepted the undertaking in Schedule 2 of this Order.

IT IS ORDERED that:

THE INJUNCTION

(1) Until trial or further order, the Defendant must not whether by itself, its servants or agents, directly or indirectly, and by any means whatsoever, instruct, induce,or encourage the Defendant’s members employed by the Claimant to take any industrial action (whether a strike, or industrial action short of a strike)in reliance on the Defendant’s ballot for industrial action of 23 May2016,concerning the dispute defined by the Defendant as “Trade dispute between ASLEF and GTR Southern/Gatwick Express concerning the extension of Driver Only Operation (Passenger) without the agreement of ASLEF and contrary to our established procedures and all other matters arising out of and in consequence of the dispute”, or any part of that dispute.

(2) The Defendant must as soon as possible after this Order is made take all reasonable steps to notify its members that the court has determined that pending trial or further order they should not take any industrial action in reliance on the Defendant’s said ballot of 23 May2016. The said steps should include the following:

(i) the circulation of a message to the Defendant’s relevant branches, together with an instruction to the Defendant’s branch officers to pass the message on to members in their branch;

(ii) the circulation of a message, so far as practicable, to each of the Defendant’s members who are Drivers or Driver Instructors or Trainee Drivers employed by the Claimant at depots that the Defendant has balloted for industrial action (Barnham, Brighton, Caterham, Eastbourne, Epsom, Horsham, London Bridge, Norwood, Redhill, Selhurst, Three Bridges, Victoria Gatwick Express and Victoria Southern); and

(iii) The sending of a text message (SMS) and a Facebook message, so faras practicable, to each of the Defendant’s members who are Drivers orDriver Instructors or Trainee Drivers employed by the Claimant at the said depots.

(3) The Defendant must notify the Claimant by email to Andy.Bindon@gtrailway.com as soon as the steps in paragraph (2) above have been taken, enclosing the text of the messages in question.

(4) The steps in sub paragraphs 2(i), (ii) and (iii) above shall be taken as soon as reasonably practicable and no later than 4pm on Friday 3 June 2016.

COSTS OF THE APPLICATION

The Court will hear further submissions on behalf of the parties inrelation to the costs of the application.

VARIATION OR DISCHARGE OF THIS ORDER

The Defendant may apply to the Court at any time to vary or discharge this Order but if itwishes to do so it must first inform the Claimant's Solicitors in writing at least 48 hours beforehand.

NAME AND ADDRESS OF CLAIMANT'S SOLICITORS

The Claimant's Solicitors are: Eversheds LLP, One WoodStreet, LondonEC2V 7WS

INTERPRETATION OF THIS ORDER

1) In this Order the words "he" "him"or "his"include "she"or "her" and "it" or "its".

2) Where there are two or more Defendants then (unless the contrary appears) (a) References to "the Defendant" mean both or all of them;

(b) An Order requiring "the Defendant"to do or not to do anything requires each Defendant to do or not to do it.

THE EFFECT OF THIS ORDER

1) A Defendant who is an individual who is ordered not to do something must not doit himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

2) A Defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way.

SERVICE OF THIS ORDER

This Order shall be served by the Claimant on the Defendant at its head office, by email,with a copy sent by post.

SCHEDULE 1. Witness Statements

The Judge read the following Witness Statements before making this Order:

On behalf of the Claimant:

1) The second and third witness statements of Mr Andrew Bindon, the Claimant’s Human Resources Director

2) The witness statement of Mr Martin Grier, Head of Drivers for GTR Southern

3) The second witness statement of Mr Peter Evans, the Claimant’s Head of Industrial Relations

On behalf of the Defendant:

4) The second and third witness statements of Mr Mick Whelan, the Defendant’s General Secretary

5) The third and fourth witness statements of Mr Graham Morris, District Organiser of the Defendant

6) The witness statement of Mr John McDonald, President of the Executive Committee of the Defendant

7) The second witness statement of Mr Michael McNamara,train driver

8) The witness statement of Ms Victoria Phillips,solicitor at Thompsons LLP.

SCHEDULE 2

Undertaking given to the Court by the Claimant

If the Court later finds that this Order has caused loss to the Defendant or any other Party

served with or notified of this Order and decides that the Defendant or other Party should be compensated for that loss, the Claimant will comply with any Order the Court may make.

 

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