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Smith & Wood's Employment Law

Smith & Wood's Employment Law (15th edn)

Ian Smith, Aaron Baker, and Owen Warnock
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date: 03 October 2022

p. 72010. Industrial actionlocked

p. 72010. Industrial actionlocked

  • Ian Smith, Ian Smithof Gray’s Inn, Barrister Emeritus Professor of Employment Law at the University of East Anglia General editor of Harvey on Industrial Relations and Employment Law
  • Aaron BakerAaron BakerLate Associate Professor (Reader) in Law at Durham University
  •  and Owen WarnockOwen WarnockFormer Partner, Eversheds Sutherland, Solicitors Emeritus Professor of Employment Law, University of East Anglia An editor of Harvey on Industrial Relations and Employment Law

Abstract

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.

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