BBPA threatens GMB with legal injunction
Join the GMB's industrial action and risk losing your business — that's the stark message to tied tenants from the British Beer & Pub Association (BBPA).
The BBPA has threatened a legal injunction to stop the GMB's campaign for industrial action by tenants — and said the union could face "unlimited" damages claims from landlords if the action went ahead.
In an open letter to GMB general secretary Paul Kenny, BBPA chief Brigid Simmonds wrote: "It has come to our attention, via press statements and literature published by GMB, that you have asserted that Parliament has granted immunity to tied tenants in relation to trade disputes with their landlord.
"This is quite simply misleading and wrong."
The letter, which has also been sent to three key ministers, says trade dispute immunity under the Trade Union and Labour Relations (consolidation) Act "applies only to disputes between 'workers' and their employer'".
The Act defines worker as "applying to persons working either under a contract of employment or otherwise under a contract to provide personal services." Landlord and tenant don't have this relationship, Simmonds said, so there's no immunity.
She said that "inducing" tenants to breach their contracts "could leave GMB liable to court action by landlords for an injunction "and/or damages".
There's "no cap" on the GMB's liability, so the union "could face an unlimited damages claim from any landlord".
Simmonds said "ultimately tied tenants do risk losing their business and their homes and could face insolvency when potentially disproportionate legal costs would be sought from them".
The union also may face individual action from tied tenants who are forced to pay penalties to their landlord.
Clarification
The letter asks Kenny to publicly confirm that he will spell out the position on immunity on its website, in public pronouncements and in invitations for membership and subscriptions.
Simmonds also asked Kenny to "not take any steps, whether by ballot or otherwise, likely to have the effect of inducing any tenants to breach their contractual agreements with their landlord".
If such action is taken, Simmonds said, "without any further notice [we] may instruct solicitors to seek an injunction to restrain you from breaches of contract and seek damages and the costs incurred in such an application".
The letter has also been sent to licensing minister Gerry Sutcliffe, consumer affairs minister Kevin Brennan and pubs minister John Healey — who is set to meet the GMB in Parliament today.
A separate meeting with MPs is also being held this afternoon.
The GMB has previously defended its position and challenged the BBPA to take it to court.
No concern
GMB regional officer Paul Maloney said he was not concerned by the threat. "It is not the first time we have faced such a threat and it won't be the last," he said.
"We will go ahead and make sure we comply with all the legislation in the ballot and come out the other side."
