The union balloted for a strike. Before the ballot it gave the employer a list of members it indeed to call on to strike (who were employees of P). After the ballot it gave notice to the employer of names who it would call on to strike, including names of people not on the original list, but who had joined subsequently to the ballot. The employer tried to argue that the ballot was only valid for those who actually voted in it. Thus the immunity of the union and employees would not extend with respect to members who joined subsequent to the ballot and it asked for an injunction to stop the union from inducing the new members to strike. CA rejected this request, holding that it was not the participation of an individual in the strike that required a ballot, but the industrial action itself.
Millet LJ: Right to industrial action is a “right which was first conferred by Parliament in 1906, which has been enjoyed by trade unions ever since and which is today recognised as encompassing a fundamental human right”.