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Chapter

Cover Smith & Wood's Employment Law

10. Industrial action  

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered, as well as the crucial immunity for tortious liability provided by the ‘golden formula’, including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.

Chapter

Cover Smith & Wood's Employment Law

10. Industrial action  

Ian Smith, Owen Warnock, and Gemma Mitchell

This chapter considers the law relating to strikes and other industrial action, including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered, as well as the crucial immunity for tortious liability provided by the ‘golden formula’, including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.

Chapter

Cover Employment Law

29. Industrial action  

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

Chapter

Cover Concentrate Questions and Answers Employment Law

12. Trade unions and industrial action  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about trade unions and industrial action. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of trade unions and industrial action including the nature and role of trade unions, membership rules, balloting and notice requirements for industrial action, picketing, and tort liability. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Selwyn's Law of Employment

23. Law Relating to Industrial Relations  

This chapter begins with a discussion of trade union recognition, covering voluntary recognition, statutory recognition, and employers’ training policies. It then turns to collective bargaining; statutory protections, including the definitions of ‘trade dispute’, ‘in contemplation of’, and ‘in furtherance of’ industrial action; strikes; statutory protection and loss of immunities; limits to the amount of damages which may be awarded if a trade union is sued successfully in tort; injunctions and interdicts; legal effect of collective agreements; peaceful picketing; and the European Works Councils, including time off work and protection from detriment and dismissal.