Industrial action: Participation of new members does not invalidate strike ballot

A trade union is not required to restrict its call for industrial action to those of its members who were members at the date of the ballot and who were given an opportunity to vote in it, holds the Court of Appeal in London Underground Ltd v National Union of Rail, Maritime and Transport Workers. The legislation on industrial action ballots recognises that there may be constant changes in the membership of a large union and that significant numbers of new members might join between the date on which an employer is given notice of a ballot and the holding of the ballot, and between the holding of the ballot and the taking of industrial action. Industrial action does not lose its statutory immunity merely because such new members are called on to take part in the action.