Strike law is complicated. Before seeking an interim injunction , you must scrutinise the actions and correspondence of the union and assess the likelihood that immunity from liability for unlawful strike action will be established at trial.
In summary, employers must realistically show evidence of one of the following:
- a breach of the balloting requirements which is not accidental.
- an error in the selection of members to ballot or in the balloting process which is on a scale that may affect the result.
- a failure to include the correct information in a notice to the employer.