Claims v Trade Unions
If proceedings are brought against a trade union for a civil wrong/tort on the ground that they induced another to break a contract or interfered with another person in the performance of a contract, or threatened that a contract would be broken or its performance interfered with, or that the union induced another to do so or in respect of any agreement or combination by two or more persons to procure the doing of an act, if it were done without such agreement would be actionable, then, for the purposes of determining those proceedings whether the union is liable, the act shall be taken to be done by the union, if but only if, it has been taken to be authorised or endorsed by the trade union in accordance with the following provisions.
An act is deemed to be authorised or endorsed by a trade union if it is done or authorised by a person empowered by the rules to do so, the executive or the president or general secretary, any other committee of the union, or any official.
In proceedings under the legislation, in respect of acts done by the trade union, if deemed to be so done, the power of the High Court to grant an injunction includes power to require the unions to take such steps as the court considers appropriate for ensuring that there is no further inducement to take part in industrial action, and that no person is engaged in any conduct after the granting of the injunction by virtue of having been induced before it to take part or to continue to take part.
An act shall not have been authorised or endorsed by a trade union if it is repudiated by the executive, president, or general secretary as soon as reasonably practicable after coming to their knowledge. Written notice of a repudiation must be given to the committee or official in question, without delay. The union must do its best to ensure that individual written notices are given to the union members and the employer.
The executive, president, or a general secretary is treated as so behaving if, on a request made by them within three months of the purported repudiation by a person who is a party to a commercial contract whose performance has been interfered with as a result of the action and has not given written notice by the union of the repudiation, if it is not confirmed in writing that the act has been repudiated.
In proceedings brought for civil wrongs against a trade union, the amount which may be awarded against the union by way of damages is not to exceed the below limit. This does not apply to proceedings resulting in personal injury by way of negligence, nuisance, or breach of duty.
It does not apply to duties in respect of ownership, control, or occupation, of property; or breach of product liability legislation. The limit is £10,000 if the union has less than 5,000 members; £50,000 if it has 5,000 to 25,000 members; £125,000 if it has 25,000 to 100,000 members; and £250,000 if it has more than 100,000 members. The limits may be varied from time to time by regulation.
Where an award of damages, costs, or expenses is made against a trade union or employers’ association against a trustee or against members or officials of the trade union or association on behalf of themselves or all the members, no part is recoverable by enforcement against protected property. Protected property means property held by the trustees other than in their capacity as such; belonging to members of the association otherwise than jointly with the other members; belonging to officials of the union who are neither members nor trustees; comprised in the political fund or comprised in provident benefits.