Judge refuses to grant union interim injunction but full trial looms in bins dispute

A High Court judge has refused to grant the Unite union an interim injunction against Birmingham City Council over an alleged breach of an agreement in 2017 that brought a long-running bins strike to an end.

Unite said it nevertheless welcomed the judge’s decision that there needed to be a full trial on ‘serious issues’.

The council has insisted that the claims are without merit.

Unite assistant general secretary Howard Beckett said: “We welcome the observations of the judge to the effect that ‘although it is not for him to decide on the merits of the case, that the council’s arguments have difficulty’."

He claimed that the court had "sent a clear message to the council that the union has the better arguments and can expect to achieve an injunction at the full hearing.

“Unite believes that the trial will fully reveal how Birmingham council has been in breach of the agreement, for a number of months, that all bin lorries must have a safety critical worker in attendance when they are operating.”

Beckett said that as there was no immediate injunction the union had “no option” but to consult with its representatives and members about escalating its industrial action.

A Birmingham City Council spokesperson said: “As stated from the outset, we entirely refute the misleading claims made by Unite that formed the basis of this court hearing.

“The Leading Hand role no longer exists. By agreement with Unite and with the backing of a Court Order in November 2017, it was replaced with the Waste Reduction Collection Officer role, which went operational in September 2018.”

They added: “Due to the industrial action instigated by Unite, we have had to introduce a contingency plan featuring the use of mop-up crews and contractors (their own staff, fuel and vehicles) in order to continue to provide a waste service to the residents, visitors and businesses of Birmingham. This falls outside the remit of the agreement reached to end the 2017 dispute.

“We invite Unite the union to reconsider their position as a matter of urgency to end the dispute so we can finally get back to the work needed to provide the level of service that citizens expect and deserve.”