12.01.17
GTR takes to the Supreme Court to block further Aslef strikes on Southern
After launching a failed legal challenge at the High Court in December and subsequently losing its appeal case at the Court of Appeal, Govia Thameslink Railway (GTR) is now taking its legal action against drivers’ union Aslef to the Supreme Court in the hopes of finally curtailing further industrial action on Southern.
The TOC’s final roll of the dice came as the latest action by the union in a dispute over driver-only operated (DOO) trains concluded yesterday as part of a 48-hour strike. A further strike will be held this Friday, with three more walkouts by staff due to take place on 24, 25 and 27 January.
A statement released by the operator said: “GTR is determined to protect its passengers and its business from unlawful industrial action.
“GTR is therefore prepared to continue its legal claim to the Supreme Court, as it believes that it has an arguable case that the industrial action is unlawful under EU law.”
The industrial actions have brought most of Southern’s 2,200 daily services to a grinding halt, severely inconveniencing commuters – whose compensation applications for these delays were also held back by computer errors.
Last December, the Court of Appeal rejected GTR’s argument that industrial action would breach its customers’ rights, arguing that it would undermine workers’ right to strike “in a fundamental way”.
The operator had claimed that the strike action would breach Articles 49 and 56 of EU law, particularly in relation to the ability of people to travel to or from EU countries due to the impact that strikes would have on Southern’s services to Gatwick Airport.
Aslef described last month’s legal action as a waste of taxpayers’, shareholders’ and passengers’ money, but have made no immediate comment regarding GTR’s latest legal move.
Previous discussions between Aslef and GTR at Acas in an attempt to resolve the dispute before Christmas broke down without agreement.
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