Known to the travelling public as the case about Southern Railway requiring drivers to drive trains without guards, legally this case involved whether an employer can stop strike action on the basis it restricts their free movement rights under the Treaty, if the employer is partly owned by a company established in another EU Member State. Hugely important case on balance between the fundamental right of workers to take collective industrial action and the right of companies to establish and provide services in other Member States. The first ever such case involving industrial action in the UK. Court of Appeal refused injunction. Successful trade union represented by Oliver Segal QC and Stuart Brittenden, instructed by Vicky Phillips of Thompsons.
Govia, southern rail, union, strike, industrial action
William Meade (Senior Clerk)