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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.
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- 1: Introduction
- The Last Thirty Years
- The Change in Temperature
- Complexity
- What the Parties Want From the Law
- Recognition
- 2: Industrial Action and the Individual Contract of Employment
- The Basic Principles
- The Strike as a Fundamental Breach of Contract
- Alternative Legal Analyses
- Strike-free Agreements
- 3: Liability for Strikes: The Economic Torts
- Introduction
- The Classic Fact Situations
- The Two Torts
- Inducement of Breach of Contract: Lumley v Gye
- Causing Loss by Unlawful Means
- Intimidation
- Duress
- Conspiracy
- Suing a Trade Union
- Intra-union Actions
- Consumer Actions
- 4: The Trade Dispute Immunity
- History
- Meaning of Dispute
- Contemplation or Furtherance of a Dispute
- Parties to the Dispute
- Trade Dispute
- Legitimate Trade Disputes
- Unprotected Disputes
- The Scope of the Immunity
- Secondary Action
- 5: Ballots
- Background
- Scope of the Ballot Provisions
- When is a Ballot Needed?
- Duration of the Ballot
- Retrospective Ballots
- The Right to Vote
- Conduct of the Ballot
- Protection of the Voter
- Counting the Votes
- Ballots and Injunctions
- 6: Industrial Action Less than a Strike
- Background
- The Work-to-Rule and Go-Slow
- Overtime Ban
- Ban on Particular Duties
- Disruptive Meetings
- Sit-in
- Lock-out
- 7: Picketing, Criminal Offences, and Statutory Restrictions
- Introduction
- Civil Liability
- The Right to Picket and the Statutory Immunity
- The Code of Practice on Picketing
- Criminal Law
- Statutory Restrictions on Specific Industrial Action
- 8: Industrial Action and Unfair Dismissal
- The General Nature of TULR(C)A 1992, s 238
- Strike, Lock-out or other Industrial Action
- Is the Employee a 'Relevant Employee'?
- The Importance of Date of Dismissal
- Re-engagement
- Discriminatory Selection
- Participation in Industrial Action and Contributory Fault
- Applications to the Employment Tribunal
- 9: Employment Protection Rights
- Continuity of Employment
- Guarantee Pay
- Redundancy
- Employment Agencies
- 10: Injunctions
- Introduction
- Granting Interim Injunctions: General Principles
- Section 221 of TULR(C)A 1992
- Factors in the Discretion
- Undertaking in Lieu of Injunction
- Quia Timet Injunctions
- Mandatory Injunctions
- Application for an Interim Injunction
- Injunctions Against Persons Unknown and Groups
- The Role of the Court of Appeal in Injunction Cases
- Form of Injunction
- Declarations
- 11: Restraining Sit-ins
- 12: Committal for Contempt
- Introduction
- Procedure: General Matters
- Procedure: Personal Service
- The Application for Committal
- Service of Application to Commit
- Can the Court Commit for Contempt of its Own Accord?
- Hearing Date
- Standard of Proof
- Evidence
- Manner of Committing Contempt
- Responsibility of Union for Members and Officials
- Punishment
- Receiver
- Sequestration
- 13: Damages for Industrial Action
- The Measure of Damages in Contract
- Property Immune from Enforcement
- Practice in Damages Claims
- 14: Deduction of Pay for Industrial Action
- Contractual Claims
- Judicial Review
- 15: Sample Forms and Precedents
- Endorsement for Claim Form to Restrain Strike Action by the Claimant's Own Employees
- Claim to Restrain Occupation by Employees
- Claim for Possession Against Unlawful Trespassers
- Particulars of Claim: Secondary Action
- Particulars of Claim: To Restrain Meeting in Working Time
- Order Restraining Unlawful Picketing
- Order Restraining Trespass on the Employer's Premises
- Order for Substituted Service of Injunction on Trade Union
- Penal Notice to be Inserted on Injunction Order
- Application to Commit for Contempt and Sequestration in Respect of Breach of Order Made in Form D
- Letter to Persons Occupying Employer's Premises
- Draft Dismissal Letter
- 16: Trade Union Recognition: Introduction
- Recognition
- Voluntary Recognition
- Statutory Recognition
- 17: Trade Union Recognition: The Application
- Initiation of the Statutory Scheme
- The Employer
- The Union
- The Small Employer Exemption
- The Meaning of 'Worker'
- When the Condition must be Fulfilled
- Union or Unions
- 18: Trade Union Recognition: The Bargaining Unit
- The Bargaining Unit
- The Employer's Response to the Request for Recognition
- The Union's Application to the CAC
- The CAC Procedural Response to an Application
- An Admissible Application
- The Decision on Admissibility
- The Effect of Acceptance
- The Appropriate Bargaining Unit
- Does the Application Remain Valid?
- The Problem of Different Union Applications
- 19: Balloting
- Should a Ballot be Held?
- The Form of the Ballot
- The Conduct of the Ballot
- Ballot Duties on the Parties
- Supervisory Power
- 20: Changes Affecting the Bargaining Unit
- Introduction
- The Scope of Part III
- The Union's Application
- The Consequence of the CAC's Deciding upon a New Bargaining Unit
- Residual Workers
- 21: De-Recognition
- Introduction
- Small Employer Exemption
- Employer's Request to End Arrangements
- The Workers' Application to End the Arrangement
- The De-recognition Ballot
- De-recognition where the Original Recognition was Automatic
- De-recognition of the Non-Independent Union
- Loss of Independence
- Appeal
- 22: Victimization
- 23: Human Rights, Industrial Action, and Trade Union Recognition
- Article 11
- Human Rights in the Trade Union Context
- 24: EU Law
- Application of EU Law to Trade Unions: Free Movement
- Damages Claim
- 25: International Labour Law Standards
- International Legal Standards in English Law
- Specific International Materials;
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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
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"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
