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

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

Name: Law of Industrial Action and Trade Union Recognition, 3rd Edition
Brand: Oxford University Press
SKU: 9780198821519
Price: 2080.65 HKD
Availability: InStock
Author: John Bowers; Michael Duggan; David Reade
ISBN: 9780198821519

Edited by John Bowers · Michael Duggan · David Reade

Oxford University Press February 2019

Specifications

ISBN-13: 9780198821519
Publisher: Oxford University Press
Publication: February 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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: 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;

About the Author

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

Reviews

"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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