GMB: we are acting lawfully on pubcos

The GMB says it has "sufficient reason" to believe that tied tenants do have legal immunity to take industrial action against pubcos.

In a letter to the British Beer and Pub Association (BBPA), general secretary Paul Kenny said the the BBPA had no real understanding of the situation faced by its tenant members.

Kenny was responding to a letter from BBPA chief executive Brigid Simmonds threatening the GMB with a legal injunction to stop any industrial action.

She warned the GMB faces "unlimited damages" from pubcos if action went ahead because the Trade Union and Labour Relations (consolidation) Act "applies only to disputes between 'workers' and their employer'" (BBPA threatens GMB with legal injunction​).

But Kenny hit back: "The information we have gathered gives us sufficient reason to believe that the relationship of a contracted worker exists between a number of relevant parties of the Association and our members and, we will deal with that in the normal way with the individual members of the Association as employers."

He added: "The GMB has done nothing unlawful nor does it have any intention of doing anything unlawful and, frankly your threats do not persuade us that your arguments have merit in law.

"On the issue about tenants being liable for court action from the members of your Association, I suggest you ask those members of your Association how many fines, evictions, and rent review disputes are currently leading to litigation and court actions, varying from the County to the High court."

Any industrial action is likely to start with a switch off of all Brulines beer flow monitoring equipment.

However, no date has yet been announced for the ballot, which was originally due to take place at the beginning of March.