Open University student withdraws case after receiving written assurances from the union about adherence to picketing rules

A Birmingham law student came within hours of facing one of the UK’s largest unions in court over the ongoing bin workers’ strike, which has left the city strewn with rubbish.

Mr R. Heart, 34, threatened Unite the Union with a high court injunction in a bid to stop striking bin workers from blocking lorries at depots across the city, including the Atlas site in Tyseley. He claimed their picket line tactics during the ongoing all-out strike were unlawful and posed a risk to public health.

A first-year Open University law student, Heart said he was driven by a belief that the actions of striking workers — including allegedly circling in roads and obstructing access — went beyond what is permitted under picketing laws. “The behaviour I was witnessing… couldn’t possibly be right or lawful,” the student told Legal Cheek.

The case was due to be heard at Birmingham Civil and Family Justice Centre on Thursday 10 April, but was withdrawn following written confirmation from Unite that the union would continue to follow legal requirements around picketing.

Despite apparently facing the possibility of a hefty costs order, Heart pressed ahead with his application, which centred on alleged breaches of the Trade Union and Labour Relations (Consolidation) Act 1992 and the 2024 Code of Practice on Picketing. He was ultimately seeking an injunction with a penal notice to stop strikers from obstructing the highway or delaying council refuse services.

Unite has strongly denied any wrongdoing. A spokesperson for the union told Legal Cheek:

“No case has been settled out of court. The application was withdrawn after Unite reiterated that it always abides by the law and liaises with police to hold peaceful picket lines. This is true for every strike.”

Heart, who has previously mounted legal challenges against public authorities, said he acted after witnessing the impact of more than 17,000 tonnes of uncollected waste piling up across the city. He described the situation as “untenable”.

Now pursuing a legal career with hopes of becoming a barrister, Heart said that he is particularly interested in cases that “make a difference to the lives of people”, especially those involving public accountability.

Meanwhile, Birmingham City Council has made a new offer to its striking refuse workers, raising hopes of a resolution to the dispute.