To Strike, to Serve? Industrial Action at British Airways. British Airways plc v Unite the Union (Nos 1 and 2)
本文分析英国航空公司与乘务员之间持续近两年的劳资纠纷，聚焦法院禁令如何揭示1992年工会与劳资关系法中的形式要求阻碍工会行动，并违背其促进工会民主的初衷。
At the time of writing, the industrial dispute between cabin crew and management at British Airways has been ongoing for nearly two years. This note will briefly set out the contentious issues, before focussing on one of two sets of legal proceedings that have arisen so far: the repeated attempts by British Airways to obtain injunctions against impeding strike action.1 These decisions illustrate the ‘legal minefield which unions enter when embarking upon industrial action’2 and highlight the role of formality provisions in Part V of TULRCA 1992 in foiling trade union activities. Drafted in a complex and rigid manner, the effect of these formality requirements goes directly against the Act's proclaimed goal of securing democracy within trade unions. The issue is by no means rare or isolated—in between the two injunctions under analysis another employer in the transportation sector, Network Rail, applied for and was granted an injunction under very similar conditions.3