The legal challenge, known as an inducement claim, centres around Amazon’s alleged tactics to pressure workers to cancel their union membership during the ballot period.
Foxglove Legal, the firm representing the employees, said Amazon had printed and displayed special QR codes on every table in the Coventry site’s canteen, in every meeting and training room, in hallways and toilets, and shown every five minutes on screens at the centre of the warehouse.
According to Foxglove, if a worker scanned the QR code and clicked the link, Amazon’s software would automatically generate a letter from the worker, and email it to the trade union, ending their membership.
Under trade union law, employers are not allowed to make any kind of an offer to employees to induce them to leave a trade union. Foxglove said that by displaying the automated tool around the building, Amazon may have been in contravention of this law.
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When asked by HR magazine, Amazon disputed the claim that its QR code campaign amounted to inducement.
A spokesperson said: “We believe that everyone has the right to choose to join a union, and that everyone also has the right to leave a union if they choose.
“Employees were telling us they wanted to cancel their membership but could not find a way to do so, so we provided information to help. We have always been clear that union membership is an employee’s personal choice."
A picture seen by HR magazine shows a printed card, titled: “You decide what’s best for you.”
The spokesperson continued: "We think it is very important that our employees had a full understanding of what union recognition would mean for both themselves and their workplace. That way they could make an informed decision when they voted in the ballot. This included sharing links to official government information about trade unions to help inform their decision.”
A link below the heading directs readers towards “more information on unions”. Following the link sends the reader to an official government list of all trade unions in the UK, in alphabetical order. There was no information available other than the list.
Below the link, text reads: “You are free to join or not join a union. If you have made the personal decision to cancel your union membership, you can scan this QR code with your phone camera.”
More than 3,000 workers at the site were balloted by trade union GMB, with around 2,600 turning out to vote.
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Amanda Gearing, GMB senior organiser, said the union had come “agonisingly” close to winning.
“Amazon bosses have created a culture of fear for low-paid workers trying to improve their pay, terms and conditions,” she said, adding that workers had been forced to attend six hours of anti-union seminars.
"Workers have been told they will get no pay rise this year and will have to lose even more benefits if they vote for union recognition.
“This kind of union busting has no place in 21st century Britain; but this is just the beginning. Amazon now faces a legal challenge, while the fire lit by workers in Coventry and across the UK is still burning".
