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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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