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Royal Mail, which in the run-up to Christmas and the general election faces its first nationwide walkouts in a decade, plans to seek a court order against the industry trade union, saying that the strike ballot was unlawful and therefore “null and void”.
The postal operator, ahead of its busiest time of the year, said that it will apply on Friday to the High Court for an injunction because it believes there are “potential irregularities in the ballot, which would render it unlawful”. It expects its application to be heard next week. It has informed the industry watchdog Ofcom.
The group said it is making the application in case of industrial action around the election of December 12, because “the integrity and legal soundness of any electoral process is vital”, adding that another reason is “the damage industrial action would do to the company and its customers in the run-up to Christmas”.
The Communication Workers Union said on October 15 when the ballot closed that 97.1 per cent of its members who voted backed industrial action over conditions, job security and bullying. More than three-quarters of the 110,000 members had turned out.
Evidence from Royal Mail includes workers being encouraged to open their ballot papers on site with their colleagues, rather than at home, and filming or taking pictures of their doing so before posting their ballots together at workplace postboxes. The postal group supplied “substantial evidence” to the court from at least 72 of its UK sites that some or all of the acts breached the law.
“The company believes the evidence demonstrates that CWU officials, including co-ordination and direction at a senior level, have planned and orchestrated breaches of their legal obligations,” the statement said.
“Royal Mail’s procedures make it clear that employees cannot open their mail at the delivery office without the prior authorisation of their manager.,” it said. “Alongside our application for an injunction, we will review whether any further action is required.”
Royal Mail has written to CWU twice, making a plea to union bosses to restart talks in an attempt to avoid the strikes at Christmas. It offered to enter into discussions “without preconditions”.
The statement on Friday said that Royal Mail requests that “until CWU has conducted a lawful ballot, which results in a vote in favour of industrial action, it will not be able to serve notice of any action on Royal Mail”.
The application does not include employees within Parcelforce Worldwide, who are the subject of separate ballot notices.
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