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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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