header-logo header-logo

Strike force

05 August 2011 / Stephen Levinson
Issue: 7477 / Categories: Opinion , Disciplinary&grievance procedures , Employment
printer mail-detail
istock_000013079680medium_4

Stephen Levinson ponders the legalities of restraining strikes

What is a legitimate strike? We have been arguing about this since Disraeli introduced the concept of trade union immunity in 1875.

The threat of an increasing number of strikes is obviously real. If “something must be done”, the difficult questions are where should the boundaries of legitimacy be drawn and how should they be enforced? So far, the answers put forward by politicians have been mechanistic rather than principled.

Politicians speak out

Business secretary Vince Cable threatens unspecified laws to curb union power. Ed Miliband told the Guardian that strikes should be a last resort. A backbencher has proposed a Bill banning strikes in the emergency and transport sectors and Boris Johnson, the beloved mayor of London, wants a ban on any strike that fails to secure the backing of 50% of those able to vote.

Unions and their supporters complain endlessly that there is no right to strike in the UK, only a regime of immunities. Various shifts in statute and case

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll