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21 September 2012 / Tom Walker
Issue: 7530 / Categories: Features , Terms&conditions , Employment
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Striking a balance

Does UK plc have the right to strike? Tom Walker reports

In 2009 and 2010 a series of judgments upheld injunctions against strikes called by trade unions. The union movement complained that these were based on the unnecessarily complex balloting technicalities of the Trade Union & Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). 

Indeed, in 2007 the Labour MP John McDonnell had sought to amend sections of TULR(C)A 1992 but failed in parliament, having been “talked out”.

Conversely, in 2011 when a series of strike ballots took place in the then feared “autumn of discontent” the business community, led by the CBI and Boris Johnson, noted that the turnout in some of these ballots were extremely low, often much less than 50%.

They called for a qualified majority of union members to take part in a ballot for it to be valid.  In April 2011 a Private Members Bill put forward by Dominic Raab proposed majority support for a strike ballot.  The motion was rejected.

More recent court decisions over strike injunctions suggest

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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