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Law of Industrial Action and Trade Union Recognition, 3rd Edition

Law of Industrial Action and Trade Union Recognition, 3rd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198821519
  • Published In: February 2019
  • Format: Hardback , 360 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Contents 
  • Author 
  • Reviews
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    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: 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;
  • 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

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