In Thomas Cook Airlines Ltd v British Airline Pilots Association, the High Court decided not to grant an interim injunction preventing strike action on the basis that information given in the voting paper was insufficient.
The voting paper in this case stated: "it is proposed to take discontinuous industrial action in the form of strike action on dates to be announced over the period from 8 September 2017 to 18 February 2018." Thomas Cook Airlines argued that the new legislation governing industrial action requires a particular date for strike action to be specified on the voting paper. The Trade Union Act 2016 sets out the information which is required to be included on a voting paper. This must include a summary of the matter or matters in issue in the trade dispute and to which the proposed industrial action relates; where a strike is not proposed, the type of industrial action which is proposed; and the time period or periods within which the industrial action of whatever kind is expected to take place. The High Court did not agree with Thomas Cook Airlines' argument. It took into account the dynamic nature of industrial negotiations and ruled that it is not practical for a trade union to specify a strike date on the voting paper. The window of time during which the strikes may take place is all that is required to be specified.