East Midlands Trains is pursuing an appeal at the Court of Appeal in an attempt to protect passengers from what it believes is unlawful strike action being organised by the RMT union.
It follows a decision by the High Court on Wednesday not to grant an injunction against the union, which began industrial action on July 20.
The company believes the RMT is going beyond its balloted mandate for action short of a strike.
Instead, the union is believed to be encouraging its members to take unlawful strike action.
As a result, the company is applying to the Court of Appeal to seek to have the High Court’s decision overturned.
An East Midlands Trains spokesman said: “The RMT has deliberately targeted passengers during a £100m major set of improvement works, which has meant disruption to customers’ normal journeys.
“We have worked with our railway partners and other organisations in the region to put a comprehensive plan of alternative services in place.
“Instead of supporting that work, the union seems intent on making life as difficult as possible for passengers.
“The RMT’s unnecessary action is causing the direct cancellation of services and delays.
“We want our customers to be clear on the reason for the unnecessary inconvenience they are experiencing and be assured that we are doing everything we can to resolve this situation.
“We do not believe there is any substance to the claims made by the union to justify what is an invented dispute.
“However, our view is that constructive discussions rather than disrupting customers is the way to resolve any issue.
“That is why we met with the RMT earlier this week.
“We would urge them to put customers first, call off their action and sit down with us again to find a solution.”