Legal action by a member of the public

An individual (not a company) can apply for an injunction against a union or an individual for calling, organising or encouraging unlawful industrial action (that is, action outside the immunities) where its likely effect is to delay the supply of goods or services to that individual or reduce their quality (section 235A, TULRCA). It is “immaterial” whether or not the member of the public is entitled to be supplied with the goods or services in question (section 235A(3)).

This section was originally designed with public services in mind, to enable individuals to take action against public service unions in the context of social services, hospital services, the fire service, railways and so on. But it also applies to the private sector.