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25 November 2010 / Tom Walker
Issue: 7443 / Categories: Features , Employment
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Striking out

Is there a right to strike? Tom Walker reports

The ability of workers to strike has been brought into sharp focus by recent events.  Over 2009 and 2010 there has been a series of cases in which the UK courts assessed whether irregularities in the balloting process made a strike illegal. Now that job losses and pension reform are certainties across the public sector, there is a fear that public services may be paralysed by industrial action. As the debate becomes intense and highly political, perhaps it is time for a fundamental but fair rethink of the right to strike.

The flaws in the existing system are well illustrated by the approach employers have often taken to industrial action. In order for a strike to be legal under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA), it need only have the support of the majority of balloted union members who actually vote. Take a hypothetical example:  there are 1,000 employees in a workplace but only 500 are union members; all 500 are balloted for

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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