UPDATE on lockdown picketing judicial review challenge

UPDATE on lockdown picketing judicial review challenge


CategoryNews Author Katherine Apps, Gethin Thomas Date

On 1 November 2020 Katherine Apps and Gethin Thomas were instructed by Richard Arthur of Thompsons Solicitors to act for or Unite the Union in their judicial review challenge to the impact of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (“the No 4 Regulations”) on lawful picketing within section 220 and 220A of the Trade Union and Labour Relations Consolidation Act 1992: R(Unite) v Chief Constable for North Yorkshire Police and Secretary of State for Health and Social Care.

The Secretary of State for Health and Social Care have since agreed a consent order that recorded:

“where there is a peaceful picket at or near a place of work being undertaken in accordance with section 220-220A of the Trade Union and Labour Relations Consolidation Act 1992 (“TULRCA”) and which complies with the BEIS Code of Practice on Picketing under s 203 of TULRCA, such a gathering would be “reasonably necessary for work purposes” and it would therefore fall within the Exception 2 at regulation 11(3) of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (“the No 4 Regulations”). “

The Chief Constable of North Yorkshire Police agreed that during lockdown 2 they would police all pickets accordingly.

The Defendants agreed to pay £20,000 to Unite the Union’s legal costs.

Since the challenge there is now additionally an express exception for picketing in The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

Katherine Apps is co-author of Bowers, Duggan, Reade and Apps: The Law of Industrial Action and Trade Union Recognition OUP 2018.


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