GTR / Southern loses its appeal

22 December 2016

The Court of Appeal has published the details of its judgement in the case of Govia/GTR Railway against ASLEF. The decision to reject the appeal was made on 12 December and followed the refusalof the High Court to grant an injunction against the union on 8 December.

Govia/GTR claimed the industrial action would breach provisions of European Union law which have been incorporated into English law, particularly in relation to freedom of establishment and the ability of persons to travel to or from the European Union.

Commenting on the publication of the details of the judgement ASLEF general secretary Mick Whelan said, ‘I am obviously pleased the judge refused Govia/GTR’s argument that the strike constitutes an unlawful interference with the right of establishment conferred by article 49 of the Treaty and the right to provide and receive services under article 56.’

Mick added ‘ASLEF has faced legal challenges from GTR/Govia since April of this year. This shows that the company has not been prepared to seriously address our concerns and has instead turned to the courts rather than sitting down to negotiate. The fact the company is still pursuing legal avenues rather than addressing our safety concerns makes me question their commitment to resolving this dispute.’

You can read the full Appeal Court judgment here:

http://www.bailii.org/ew/cases/EWCA/Civ/2016/1309.html

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