BAE Systems Workers Clear Path for Strikes After Court Ruling

Workers at BAE Systems in Lancashire are set to proceed with planned industrial action after the High Court dismissed the company’s attempt to block the strikes. The court ruling, delivered by Mr Justice Soole on Thursday, rejected BAE’s request for an injunction against members of Unite the Union, who had announced a walkout following the rejection of a pay offer for 2025.

The High Court’s decision allows strikes to commence as scheduled on Wednesday and continue until November 25, 2023. The union’s leadership stated that the strikes are a response to BAE’s refusal to negotiate a fair pay offer, despite the company reporting substantial profits.

In its legal challenge, BAE argued that the strike was unlawful. Bruce Carr KC, representing the company, asserted that Unite had invalidated the strike by instructing members not to train managers in aircraft testing after giving notice to ballot on September 24, 2023. He claimed that this constituted a breach of duty by workers, who are expected to act in the best interests of the company.

BAE had sought the injunction to prevent the strikes, asserting that they were a result of improper union actions. Carr stated, “It is the claimant’s case that the evidence clearly demonstrates that at that meeting and thereafter, Unite called on its members employed as quality professionals to take industrial action.”

In response, Oliver Segal KC, representing Unite, contended that the training requests were not mandatory instructions and that workers were not in breach of contract when they refused. He described the attempt by BAE to frame the situation as a refusal to comply with management directives as “ludicrous.” Segal emphasized that the union’s actions were lawful and that BAE was misinterpreting communications regarding the training situation.

After the ruling, a spokesperson for BAE noted that the company respects employees’ rights to strike but believes there were valid grounds for their legal challenge. BAE is reportedly considering an appeal against the High Court’s decision.

Unite General Secretary Sharon Graham expressed that BAE’s legal maneuvering had damaged trust with its workforce. She stated, “BAE is a multibillion-pound company making record profits. It now needs to come back to the negotiating table with an acceptable offer for striking workers in its Air division.”

The union’s legal representative, Rachel Halliday of Thompsons Solicitors, characterized the High Court’s decision as a significant victory for workers. She asserted that the ruling affirms the right to strike and highlights that BAE’s legal attempts were unfounded.

While the strike will impact BAE’s operations, the company has indicated that production lines are continuing to operate with less than 70 out of 12,000 employees currently involved in the action. As the situation develops, both sides remain under pressure to address the underlying pay disputes effectively.