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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll