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London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen - scope of ballot for strike action

A ballot for strike action is not invalidated because it includes people who will take part in the industrial action generally but will not actually be going on strike (ie withdrawing their labour in breach of contract) on the day in question. 

ASLEF held a ballot on 14th December 2011 and as a result confirmed that its members would be taking strike action on Boxing Day, 26th December 2011. London Underground Ltd (LUL) sought an urgent interim injunction to prevent such strike action, but failed in the High Court.

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