Details
Law and practice in the field of industrial action and trade union recognition has undergone extensive changes in recent years. The third edition of The Law of Industrial Action and Trade Union Recognition provides a new, up-to-date, and thorough analysis of this technical area of law.
This edition offers comprehensive coverage of all aspects of bringing and defending recognition claims and industrial action injunctions to ensure that nothing is missed when planning a case. It includes full coverage of trade union recognition, employment protection rights, deductions from pay, and the impact of the Human Rights Act 1998 on strikes and picketing.
New chapters on Leverage Campaigns and Ancillary Protest cover the new forms of industrial action that have appeared in recent years. The book contains step-by-step guidance and forms and precedents to assist practitioners when negotiating and drafting documents. It covers all recent case law including cases from the European Court of Human Rights and decisions from the Central Arbitration Committee.
Written by a team of expert barristers, it provides an essential source of reference to all involved in this area.
1: IntroductionThe Last Thirty YearsThe Change in TemperatureComplexityWhat the Parties Want From the LawRecognition2: Industrial Action and the Individual Contract of EmploymentThe Basic PrinciplesThe Strike as a Fundamental Breach of ContractAlternative Legal AnalysesStrike-free Agreements3: Liability for Strikes: The Economic TortsIntroductionThe Classic Fact SituationsThe Two TortsInducement of Breach of Contract: Lumley v GyeCausing Loss by Unlawful MeansIntimidationDuressConspiracySuing a Trade UnionIntra-union ActionsConsumer Actions4: The Trade Dispute ImmunityHistoryMeaning of DisputeContemplation or Furtherance of a DisputeParties to the DisputeTrade DisputeLegitimate Trade DisputesUnprotected DisputesThe Scope of the ImmunitySecondary Action5: BallotsBackgroundScope of the Ballot ProvisionsWhen is a Ballot Needed?Duration of the BallotRetrospective BallotsThe Right to VoteConduct of the BallotProtection of the VoterCounting the VotesBallots and Injunctions6: Industrial Action Less than a StrikeBackgroundThe Work-to-Rule and Go-SlowOvertime BanBan on Particular DutiesDisruptive MeetingsSit-inLock-out7: Picketing, Criminal Offences, and Statutory RestrictionsIntroductionCivil LiabilityThe Right to Picket and the Statutory ImmunityThe Code of Practice on PicketingCriminal LawStatutory Restrictions on Specific Industrial Action8: Industrial Action and Unfair DismissalThe General Nature of TULR(C)A 1992, s 238Strike, Lock-out or other Industrial ActionIs the Employee a 'Relevant Employee'?The Importance of Date of DismissalRe-engagementDiscriminatory SelectionParticipation in Industrial Action and Contributory FaultApplications to the Employment Tribunal9: Employment Protection RightsContinuity of EmploymentGuarantee PayRedundancyEmployment Agencies10: InjunctionsIntroductionGranting Interim Injunctions: General PrinciplesSection 221 of TULR(C)A 1992Factors in the DiscretionUndertaking in Lieu of InjunctionQuia Timet InjunctionsMandatory InjunctionsApplication for an Interim InjunctionInjunctions Against Persons Unknown and GroupsThe Role of the Court of Appeal in Injunction CasesForm of InjunctionDeclarations11: Restraining Sit-ins12: Committal for ContemptIntroductionProcedure: General MattersProcedure: Personal ServiceThe Application for CommittalService of Application to CommitCan the Court Commit for Contempt of its Own Accord?Hearing DateStandard of ProofEvidenceManner of Committing ContemptResponsibility of Union for Members and OfficialsPunishmentReceiverSequestration13: Damages for Industrial ActionThe Measure of Damages in ContractProperty Immune from EnforcementPractice in Damages Claims14: Deduction of Pay for Industrial ActionContractual ClaimsJudicial Review15: Sample Forms and PrecedentsEndorsement for Claim Form to Restrain Strike Action by the Claimant's Own EmployeesClaim to Restrain Occupation by EmployeesClaim for Possession Against Unlawful TrespassersParticulars of Claim: Secondary ActionParticulars of Claim: To Restrain Meeting in Working TimeOrder Restraining Unlawful PicketingOrder Restraining Trespass on the Employer's PremisesOrder for Substituted Service of Injunction on Trade UnionPenal Notice to be Inserted on Injunction OrderApplication to Commit for Contempt and Sequestration in Respect of Breach of Order Made in Form DLetter to Persons Occupying Employer's PremisesDraft Dismissal Letter16: Trade Union Recognition: IntroductionRecognitionVoluntary RecognitionStatutory Recognition17: Trade Union Recognition: The ApplicationInitiation of the Statutory SchemeThe EmployerThe UnionThe Small Employer ExemptionThe Meaning of 'Worker'When the Condition must be FulfilledUnion or Unions18: Trade Union Recognition: The Bargaining UnitThe Bargaining UnitThe Employer's Response to the Request for RecognitionThe Union's Application to the CACThe CAC Procedural Response to an ApplicationAn Admissible ApplicationThe Decision on AdmissibilityThe Effect of AcceptanceThe Appropriate Bargaining UnitDoes the Application Remain Valid?The Problem of Different Union Applications19: BallotingShould a Ballot be Held?The Form of the BallotThe Conduct of the BallotBallot Duties on the PartiesSupervisory Power20: Changes Affecting the Bargaining UnitIntroductionThe Scope of Part IIIThe Union's ApplicationThe Consequence of the CAC's Deciding upon a New Bargaining UnitResidual Workers21: De-RecognitionIntroductionSmall Employer ExemptionEmployer's Request to End ArrangementsThe Workers' Application to End the ArrangementThe De-recognition BallotDe-recognition where the Original Recognition was AutomaticDe-recognition of the Non-Independent UnionLoss of IndependenceAppeal22: Victimization23: Human Rights, Industrial Action, and Trade Union RecognitionArticle 11Human Rights in the Trade Union Context24: EU LawApplication of EU Law to Trade Unions: Free MovementDamages Claim25: International Labour Law StandardsInternational Legal Standards in English LawSpecific International Materials;
John Bowers QC, Barrister, Littleton Chambers, Michael Duggan, Barrister, Littleton Chambers, and David Reade QC, Barrister, Littleton Chambers
Contributors:
Katherine Apps, Barrister, Littleton Chambers
James Wynne, Barrister, Littleton Chambers
"This is a work of authority and clarity. I recommend it highly to any lawyer who may find himself or herself on an industrial relations team." - Graham Clayton, The Law Gazette
